The Law of Agency The law of agency was originally formulated in the latter years of the 12th century (Reuschlein, 1990).It found its first application in the slave trade as there was concern relative to who was to be responsible of the acts of slaves. Without agency being applied, the acts of slaves, who were not considered citizens and therefore not subject to being sued, would go uncompensated. Agency laws were formulated to allow victims to see recovery against slave owners. The agency concepts as we know them in present day law, however, were formulated in the 19th century as commercial activities increased throughout the world (Hay, 1993). As business activity increased, it became necessary for the legal system to devise a method to handle the multitude of relationships that grew out of these activities. During this time, the rudimentary rules of agency started to be organized and collected into a unified code of law. In the late 19th century the center of most business was in England and it was here that the laws of agency came to maturity. Through the application of contract law in that nation the doctrine of principals and agents became to be based on three principal elemental propositions (Huffcut, 1999): The creation by contract, express or implied by the relationship; The non-liability of the agent for contracts made in the name of the principal; The liability of the principal for contracts made by a duly authorized agent. The growth of
If we think about autonomy and agency in the same term that Crawford does, it seems that he is right when he says that there is a paradox there. It seems that in some ways autonomy and agency contradict each other, or cancel each other out at times, and this is something that should make us all stop and think about it. Crawford then goes on to talk about choice, freedom, and autonomy and how these ideas feel as if they are being forced upon us rather than being a choice. Also, Crawford talks about self-realization in this section and how it has become to having us buy new items rather than keeping old ones and fixing them. Does all of these things mean that the world is attempting to train us to just accept things the way they are? That is the real question.
The approach I selected is human agency, which is the idea in where an individual within a culture has the right to act a particular way according to the environment/situation they are in. Human agency expresses how people in various societies consist of numerous view points and experiences that have been endured or is being endured within a condition, based on their shaped beliefs or morality. The health topic I choose to discuss is mental health management, a system of methods to help regulate or keep an individual’s psychological and emotional well-being under control. Mental health management also assists in gathering information to determine the ways humans handle ailments, such as the choices they make and how they relate.
Agency law is a relationship between a principal and in agent in which the agent is legally authorized to act on the behalf of the principal.
The particular focus of this essay is on how terms are implied. This is central because the courts intervene and impose implied terms when they believe that in addition to the terms the parties have expressly agreed on, other terms must be implied into the contract. Gillies argued that the courts have become more interventionist in protecting the rights of contracting parties thereby encroaching upon the notion of freedom of contract. The doctrine of freedom of contract is a prevailing philosophy which upholds the idea that parties to a contract should be at liberty to agree on their own terms without the interference of the courts or legislature. Implied terms can be viewed as a technique of construction or interpretation of contracts. It has been argued that the courts are interfering too much in their approach to determine and interpret the terms of a contract. The aim of this essay is to explore this argument further and in doing so consider whether freedom of contract is lost due to courts imposing implied terms. The essay will outline how the common law implies terms. The final part of the essay will examine whether Parliament, by means of a statute, or terms implied by custom restrict freedom in a contract. An overall conclusion on the issue will be reached.
The structure and agency debate is a common one in the field of sociology and different theorists come up with different ways of accounting for the actions of social actors. This essay takes the position that structuration solves the problem of this much contested debate. Initially key concepts and elements of structuration will be pointed out .These elements include structure, agency, social systems and power amongst many others. Subsequently, there will be engagement of a discussion of different schools of thought and finally it will be demonstrated how structuration prevails over the structure-agency debate.
It seems understandable that a business should exist as a separate legal personality as it would be impossible for an individual’s motives and goals to be perfectly in line with that of the company as is demonstrated above in Salomon. Following this theory the idea that the rights and duties of a company are not that of its members and shareholders as demonstrated in the case of Lee v Lee Air Farming .
The relationship between structure and agency is a key discussion point in sociology. The concept was brought to life by the sociologist Georg Simmel, but has been discussed by many other famous theorists, such as Emile Durkheim and Max Weber. The partnership between structure and agency are crucial to the development of society, and the process of individualization.
Structure and agency are two theoretical terms used to explain the capacity at which we as people are able to be individuals, and to what extent those influences limit our individuality. Structure refers to the ways in which a society is organized. Agency refers to the behaviors and actions of the individuals within the social structure. Agency is limited by the structure due to cultural barriers and inequalities within the structure. In this essay, I will present an overview of why critical theorists are concerned with those inequalities, and I will further identify the problems within the system contributing to the unequal access to the public sphere, relating specifically to class and gender inequalities.
Describe how the concept of agency affected the parties’ legal positions in the case study. Did the agents help or harm their clients? Why?
In today’s English law, freedom of contract is one the foundation of contract law. The existence of freedom of contract requires three main considerations: the freedom to
The concept of a company being a separate legal entity is the most striking illustration in separating the company from its owners. A paramount principle of corporate law is that no shareholder or member of a company is made liable for the obligations incurred by such incorporations A company is different from its members in the eyes of law. In continuations to this the opposite also holds true in the sense that neither can the company be held liable for the acts of its members. It is a fundamental distinction that a company is distinct from its members.
There are four commonly accepted principles of bioethics. The first is the principle of respect for autonomy. Respect for autonomy is a respect for the client to make informed and intentional decisions, provided that the client is judged to be capable of doing so. This principle is the base for the practice of informed consent as well as the right to accept or refuse treatment. The client is to be able to make a rational, informed decision, without any external factors influencing any decisions. This principle may cause what the health care professional perceives to be harm, but to the client, like a muslim client refusing to have a xenotransplantation from a pig, accepting the treatment would cause him to suffer
As explained by Schelker (2013), the agency problem between the owners and the management of a firm is at the heart of the corporate governance literature. Hence, there is a need for a
Company Star Boat employed Tom as the manager for marketing and sales department. Being an agent for Star Boat, Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However, he acquired 4,000 parts from Smooth Sailing in August and manager of Smooth Sailing did not notice that in the contract Tom indicated his signature as “manager, Star Ferry” and thought they were dealing with Star Boat as usual. When Smooth Sailing later notified Star Boat to make payment, Star Boat wanted to ratify the contract.
The doctrine of ‘agency by necessity’ establishes that authority shall be assumed, in a necessitous situation, by a person who acts in the interest of the principal. The Indian Contract Act remains silent as to classification of the doctrine under any section, though many debate that it is to be under the head of Section 189. This is an extremely ambiguous area in the law of agency, as there are quite a few specific scenarios apart from the quintessential ‘shipmaster’, which are debatable as to assumption of authority. In this paper, the concepts of the conditions prerequisite to the assumption of authority shall be discussed, and then an analysis of the special situations of ambiguity with reference to cases shall be addressed.