Premium Essay

Agents Essay

In:

Submitted By yellowblue
Words 2874
Pages 12
Agents play a vital role in commercial activity. Many commercial transactions in the field of commerce are conducted through agents who act as intermediaries and represent the interests of their principals in the conduct of the principals business. Auctioneers, estate agents, commercial agents,commission agents, mercantile agents, brokers, factors, solicitors and barristers are just a few of the many people described as agents who may act on people behalf in the ordinary course of life. The essential point to be borne in mind is that the relationship between agent and principal is essentially a binding contractual one which imposes upon both parties' rights, duties and obligations. Agents “are to be found in all advanced societies and… [Their] activities are an inevitable feature of a developed economy”.

In addition, it may be useful at the beginning of any discussion of agency to attempt a definition of the common factor which brings them all into the category “agent” or, indeed, it may be useful to ask whether they all properly called agents. The courts have only very rarely attempted to define the agency relationship though they have an occasion pronounced on what agency was not. In the recent case of Comet Group plc v British Sky Broadcasting the court held that promotional contracts to be quite distinct from agency. Fridman (1996) stresses that the effect of someone being an agent is that he affects the legal rights of his principal, and he works backwards from his conclusion to suggest the following definition “ Agency is the relationship that exists between two persons when one, called the agent, is considered in law to represent the other called the principal, in such a way as to be able to affect the principal's legal position in respect of strangers to the relationship by the making of contracts or the disposition of property”. However, in common law

Similar Documents

Free Essay

Arthur Andersen and Multitask Principal Agent Theory Essays and Term Papers

...Arthur Anderson 1. Environment, strategic, organizational changes * High quality accounting, promoting integrity and sound audit opinions over short run profits * 1930’s- government adopted laws that require public companies to submit financial statements to independent auditor each year * mantra- good service, quality audits, well managed staff, profits for firm * auditors rewarded for making sound auditing decisions * decision rights to Professional Standards Group * firm did not become wealthy in the early years, partners were well respected in communities * 1950’s- Joseph Glickauf- computers to automate bookkeeping * 1979-42% of $645m fees came from consulting * 1989- split to AC and AA * accounting business grew slowly in 1990 due to increased competition and mergers * AA adopted new strategy of generating profits, “it was a matter of pride” * New rules- partners retired at 56, less experienced auditors and fewer partners overseeing audits * New breeds of partners- Samek, Allgyer, signing off on inaccurate financial statements * 1997- AC split completely and became Accenture, AA underwent setback when they didn't receive the $14b expected payment from AC * AA- 2X performance evaluation, relaxed dress code, wooden doors removed * New service- take over entire internal bookkeeping for clients- impaired quality of audits * Enron-1986, wholesale energy trading * Anderson hired Enron in 1990 * Speed...

Words: 471 - Pages: 2

Free Essay

Neo's Journey in Real Life

...Meranda West Essay #1 Creation/The Hero’s Journey Neo’s Journey into his Real Life The Matrix shows Neo as he travels through a journey into the unseen and unknown to learn the truth about the life he has been living. Neo, otherwise known as Thomas Anderson, goes through an intense journey with the help of his mentor Morpheus. Thomas Anderson, Neo, works for a high end company in the day but at night he is a talented computer hacker and doing his side job of selling secret computer programs. One night as he is asleep at his desk, a message pops up one his computer that reads “The Matrix has you…”. It goes further in telling him to follow the little white bunny. As some people come through to buy something from Neo, he is asked to join them for a night out on the town. At first he denies the invitation, but then he sees a little white rabbit tattoo on the back of one of their shoulders and soon accepts. The nightclub that he goes to with them is where Neo meets Trinity. Trinity acts as a herald to Neo in The Matrix because she is the one that takes him to meet Morpheus. She, in a sense, called him to the call of adventure by messaging him online and having him come to the nightclub. When Neo is taken to meet Morpheus, he is given a choice between taking a red pill and a blue pill. He chooses the pill that will “show him how deep the rabbit hole goes” and at this point, this is where the creation myth of the matrix comes into play. Morpheus explains to Neo that the...

Words: 2049 - Pages: 9

Premium Essay

Managerial

...Tom’s REA Matrix Exercise Educational Objectives The purpose of this exercise is to help students develop their understanding of the definitions of events, resources, and agents by identifying these components in a short case. After completing this exercise, students should be able to perform the following activities for Tom's sales and collection process: • Define an event and identify and describe the events Tom's events • Define a resource and identify and describe the resources associated with each of Tom's events • Define an agent and identify and describe the agents associated with each of Tom's events • Describe the following additional attributes of each of Tom's events: ✓ Purpose ✓ Risks associate with each event ✓ Examples of data elements an information system should record about each event ✓ Whether the system should or should not record certain attributes of the event (i.e., describe "dotted line" relationships) • Determine the system will need to record the agent or event related to an event (i.e., identify "dotted line" relationships. Instructions Develop a REA Matrix for the Sales and Collection Processes of Tom's Trailer Sales. For simplicity, do not consider the bookkeeper's activities involving the processing of cash received as part of the Sales Processes. These activities fit more closely into a separate group of activities for cash processing. In addition, don't worry about recording...

Words: 528 - Pages: 3

Premium Essay

Managing Organizational Change and Innovation

...Innovation This chapter discusses what needs to be considered when changing an organization. Some of these changes would be the input and the technological aspect of the business. I retained the most information from this chapter in the section of change agents. There are three agents of change; external, internal and external-internal change agents. External agents of change are temporary. They are used in situations where an organization needs help individual and group behavior. External agents are usually professors or private consultants. Internal agents of change are already apart of the business. They already know how to change an organization. In most cases they are managers who have recently been brought into organization that needs help. External-Internal agents are the combination of both external and internal. An organization uses both approaches to change the problems that have arisen. Question My thought-provoking question is how effective are external and internal change agents? I want to know why because what would be the next step to take to get the company at a good performance level. I know this works in most cases because I have seen it happen. I am just curious. Personal Implication Internal change agents personally affect me the most. My dad is a general manager at Applebee’s and he usually gets sent to stores that have a poor performance. He knows how to run a restaurant successfully. My dad has to go into the store as a customer to see how the employees...

Words: 1387 - Pages: 6

Free Essay

Agency Law

...collection agency and they would in turn contact you and let you know that your account has been turned over to their company to collect the debt on behalf of the original company. When it comes to an undisclosed principle, it’s just that, not disclosed, no information is given on that agent. They still are working either on their own behalf or through a company and do not want their information public. For example, if I was under an undisclosed principle I would not go into a meeting and say, “I am here on behalf of Yellowstone National Park”. This information would not be given out. For a partially disclosed principle, at the time of the deal, the person may know that the other person he is dealing with is portraying themselves as an Agent but does not know who the main source or principal is. For example, if I am speaking on behalf of a national park and I am trying to build a new park, if the person that I was trying to buy the land to build the new park on knew that I already worked for the larger national park they would try to increase the price tremendously. Duties that an agent owes to a principal are: Loyalty- their duty is to act only for the good of their principal; Obedience- the agents’ duty to do what the principal...

Words: 598 - Pages: 3

Free Essay

Change

...Differentiate between the two types of change agents and how one or both can be used in this scenario Change agents in the management field are the first order incremental change and the second order discontinuous change. First order incremental change is anticipatory in its tuning and development and at times paradoxically. First order incremental is a continuous change that may incur acclimation to edifices and proceedings. Second order discontinuous change is fast change that is radical and alters the organization at its core. The big difference between first order and second order change agent is that first order involves development whereas second order does not. What second order entails is the transforming of an organization, which has three different types. Type one is where the organization transitions from an entrepreneurial state to professional state such as FedEx. Type two involves a company that is already established and needs to be revamped or have an overhaul to function how it’s suppose. Type three is the transformation of an established company that may have started as a particular entity but has expanded its services, such as Starbucks. (Palmer, Dunford, & Akin,  2006). First order change agent can be used best within the Coca-Cola organization because of its incremental nature. Since the technicians are scattered throughout regions, a section of that region can be the test phase for the GPS tracking system and the pay per day rate. This region...

Words: 365 - Pages: 2

Premium Essay

Insurance Career Paper

...While doing my research, I found that being an insurance agent for Farmers Insurance Group would be a very intriguing career field for me. Some of the attributes of a good insurance agent are a willingness to learn, competitiveness, strong communication skills, organizational skills, along with honesty and integrity. I feel that I fit that mold and could be successful in this career field. According to the website www.glassdoor.com, a Farmers Insurance agent’s salary can range between $10,160 to $110, 397 annually. Some of the liabilities I would have in this career field are the loans (which I will address later), the rent payment, utilities, etc. The assets appear to far outweigh the liabilities. I would have to acquire a license to sell...

Words: 712 - Pages: 3

Free Essay

Pol Quizzes

...Create a job description and specifications for your dream job. My dream job would be a fashion buyer (you may know it as apparel buyer). I have always love high end fashion. As a child I would go into my mom’s closet and dress myself with her jewelry, pumps and different high end clothes. My mother always had different designer closes and shoes. I do believe that is where I began to love fashion because she would always dress very stylish. I grew to love to dress other people and show them how to put stuff together. My sisters would come and ask me what looked good together and what did not. By the time that I was 18 I would have my family members asking me about fashion. Then before I knew it it was something that I was doing naturally. I have come to realize that most people have no idea as to what all is involved in fashion. People do not understand that fashion does not only include putting colors together. I have a cousin that is a fashion buyer with Neiman-Marcus. She has been working for them for about 10 years now. She went to the University of New York to earn her degree in Business Management. She has been my inspiration as a fashion buyer. Being in this field of fashion allows you to travel across the country and it also allows you to be able to attend the different fashion weeks across the country. I am attending Strayer University and majoring in Business Management because if you have a degree in business you are able to earn more money. The money that you make...

Words: 652 - Pages: 3

Free Essay

Titleworld

... This will cause the simulator to wait until at least one of the deliberation processes has finished and another event (completion of the process) can be scheduled. 1 5 Evaluation: Agents in T ILEWORLD Initially, T ILEWORLD was developed to test different control, particularly commitment, strategies of IRMA agents [9, 8]. 1 1 2 3 4 5 6 7 B (1) 6/2 A (2) 4/3 B (3) 10/5 2 3 4 A (3) 9/6 5 TGA 6 7 A C A B A A A A C (2) 10/8 OGA C A A A B B C (3) 8/6 B (1) 10/7 A search space and implies a costly deliberation with respect to computing time and memory. The T ILEWORLD scenario we have chosen comprises an 8 by 8 grid, 1000 units of simulation time, and a real-time knob, i.e. factor, of 1. Thus, 1 unit of simulation time should be about 1 second. The grid elements change, e.g. holes and tiles appear and disappear, every 50 time units with a probability of 40%. All agents we tested had a scan range of 5 grid elements, limited, but sufficient fuel, and were planning for two goals simultaneously. Within our implementation of T ILEWORLD scanning requires intensive message exchange. The experiments were run on 2 Ultra 2 machines equipped with about 200 MB each. Each experiment consisted of 15 runs. We first put our algorithm to test using one single agent in the T ILEWORLD....

Words: 797 - Pages: 4

Free Essay

Regal Group Case

...course concepts from the psychological contract piece of the readings and tell how it was represented, in the movie, through Cypher and Morpheus.  Introduction In the movie, The Matrix, several characters make up this thought provoking movie. The focus takes place between a ship inhabited by humans who are fighting against a computer program. This program simulates what appears to be very realistic lives of people that live on earth. However, early in the movie, it is revealed, “the machines’ and computer programs called “agents” are a real threat to the remainder of humanity. The primary set of characters takes us through the past, present and future of humankind’s war against technology. Technology that is being used to oppress rather than empower. The following characters this paper will focus on are: Trinity, Neo, Agent Smith, Cypher and Morpheus. Trinity is a hacker who escaped from “The Matrix.” Agent Smith is the most unique of the other agents. Smith is doggedly determined to maintain and uphold the program, as he believe it keeps the necessary balance to control humans. Morpheus is a passionate inspirational leader and a teacher who strives to influence others not to succumb to the regime of the program. Neo, is a naïve, computer programmer who continues to be the outcast. His awkward demeanor actually lends to what is revealed later as a higher level of thinking; beyond the modus operandi. Deeper...

Words: 2522 - Pages: 11

Premium Essay

Psychology

...Milgram’s Agency Theory |Following on from his research, Milgram proposed the Agency Theory as an explanation for why people behave the way they do, | |especially when it comes to being obedient. He suggested that participants in his studies were in an agentic state, acting as | |an agent for the experimenter even though they were under moral strain. There is an EVOLUTIONARY aspect to Agency Theory – | |likely that humans who worked on a hierarchical social system were more likely to survive. It is also likely there is a | |LEARNED aspect to being in an agentic state, as schools and other social systems rely on power structures and on people | |obeying those in authority. | [pic] [pic] [pic][pic] | | | | | | | | | | | | | | | | ...

Words: 290 - Pages: 2

Premium Essay

Agent Career Research Paper

...professional behind the scenes to help them understand contracts and improve their financial situation. Agents and business managers have good incomes, require the ability to multitask, and enjoy a daily changing career. Agents have a surplus of tasks and duties that challenge them daily. According to the book 200 Best Jobs for College Graduates, agents “represent and promote artists, performers, and athletes to prospective employers. Many handle contract negotiation and other business matters of clients” (“Farr et al. 147”; “Agents and Business...

Words: 863 - Pages: 4

Free Essay

Information

...ProductList_roleplay.ppt. Ask participant to play the role of inventory desk person and capture the product details. Sample Problem Scenario 3: Capture data at the ticketing desk of an airlines. Sampe people profile is given in the PeopleTravel_roleplay.ppt. Ask participant to play the role of travel desk person and capture the person details. Activities / Roleplays : Customer registration desk data managenment can be conducted as a role play / activity in the session. Roleplay : Step1:Select two particpants as the customer registration desk agents for two banks. Brief them on the role of data collection in notebook sitting at a desk (at a corner). Agents can decide on what data they need to collect. Step 2: Circulate the customer profile among selected participants (make sure that sheets with same customer and different actions are with the same participant). In their role, they should remain passive and respond to questions asked by the agent. Step 3: Ask customers to walk to customer desk and respond to the questions...

Words: 446 - Pages: 2

Premium Essay

Role

...Role of Service Insurance Agents In: Business and Management Role of Service Insurance Agents rRole of an insurance agent / broker Insurance agents and brokers play an important role in marketing life insurance policies. They are the face of the insurance company.Most of the insurance policies world over are sold by insurance agents and brokers. From the insurance company point of they are the marketing and selling agents for their insurance plans. The following are the basic function they should perform. -Provide all the necessary application forms. -Submit application forms to the company. -Arrange for all the medical tests and related formalities. -Provide reminders premiums payments and return receipts. -Should help you make necesary changes in address ,nomination etc. -Help in the process of assignment -Assist you for any loan applications and related formalities -Should help you revive lapsed policies -Assist in claiming death benefits, if required ____----- ROLE OF AN INSURANCE AGENT The role of an insurance agent is to supply a comprehensive policy which will provide adequate protection in the event of a loss on your new home. It should offer coverage for your dwelling, personal property, loss of use, and liability. The amount of insurance should be equal to the replacement value of the dwelling. A bank or mortgage company cannot require insurance in excess of the dwelling replacement cost. The insurance agent can help you to calculate...

Words: 327 - Pages: 2

Premium Essay

Love

...satisfied by the CEO? CEO as the principal and management as the agent. The relationship between these two parties is to perform some service on principals’ behalf which involves delegating some decision making authority to the agents. Both are the utility maximizers. As a principal, he/she wish to have high dividend whereas agent wish to have high bonus. So that, to ensure that both can be achieved, they should be able to avoid conflict which is known as agency cost in order to reduces agency cost. Agency cost was involve costs to the principals. When principals and agents have different interest and the agent has more information, the principals cannot directly ensure that its agent is always acting in its best interest. In order to ensure the remuneration was satisfied by the CEO, the CEO (principals) and the manager (agent) ought to have high level of motivation that contributes to the smooth flow of information between them. On the management perspective, to assuring the remuneration is satisfied by the CEO is using the bonus plan hypothesis. Earning based bonus are typically provide for managers to share some portion of reported profit. Since compensation is tied to the level of reported profits, it has been hypothesised that, in the presence of these plans, managers will select accounting procedures that shift reported profit from future periods to current periods. When managers (agents) have information on the firm’s net income, they will manage the net...

Words: 305 - Pages: 2