...Chapter 10: Agency * What is an agent? * The primary function of an agent is to make contracts on behalf of the principal If the party wishes to sue, they must sue the principal and not the agent: International Harvester Co of Australia Pty Ltd v Carrigan’s Hazeldene Pastoral Co (1958) * Indicators of an agency relationship: * Does the 'agent' keep the profits it makes or does it have to pay them across to the principal? * Is the ‘agent’ paid a commission? o Does the ‘agent’ have an obligation to account to the principal for sales? * Potter v Customs and Excise Commissioners [1985] Functions of an agent: * Most common function: to bring about a contractual relationship between the principal and a third party * A person who has no authority to make contracts on behalf of his/her principal may be an agent if he/she has authority to: o receive money on behalf of principal o pay money on behalf of principal * make representations for which principal is responsible o receive representations on behalf of principal o Petersen v Moloney (1951) 25 ALJR 566 (High Court) Common commercial relationships in agency: * Employer/Employee: not all employees are agents because not all employees have the authority to affect their employer’s legal position with respect to 3rd parties. * Independent contractor: may be an agent with wide authority, limited authority or not an agent at all: Perpetual trustees...
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...Agency Law 1. Agent is not a party, only representative to carry out almost all legal acts of principal. 2. Agent must have authority to represent. Relationship is normally contractual. a. Express authority ACTUAL: being set out/stated in words by principal, orally or in writing.超过一年或一年可能不能完成、买卖land/interest in land/business must written document即为power of attorney. b. Implication authority ACTUAL: • Authority被要求做things necessarily or normally incidental to acts that have been expressly authorized • Authority is given to agents employed in a particular capacity例如公司的经理 • Authority is customarily granted to agents employed in a particular market or type of business c. Apparent authority/ostensible authority名义代理 • Representation was made to third party that agent had authority to enter into the kind of trans in question • Representation was made by a person with actual authority to manage relevant aspects of 公司生意 • Third party was induced to enter the transaction by the representation and relied on it • The company in fact had the power to enter into the type of trans in question 3. Ratification a. If agent act without authority or outside the limit of actual authority, principal can assent批准by ratificaiton b. Ratification must be made within reasonable time and do not prejudice the interest to third party. c. No ratification of unauthorized act if principal is undisclosed. Principle is undisclosed when the third party not contemplate预期 of being legally bound to...
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...The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party.[1] Succinctly, it may be referred to as the relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under his control and on his behalf. The agent is, thus, required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. This branch of law separates and regulates the relationships between: • agents and principals (internal relationship), known as the principal-agent relationship; • agents and the third parties with whom they deal on their principals' behalf (external relationship); and • principals and the third parties when the agents purport to deal on their behalf. The common law principle in operation is usually represented in the canon law maxim, qui facit per alium facit per se, i.e. "whoever acts through another does the act himself," and it is a parallel concept to vicarious liability and strict liability in which one person is held liable in criminal law or tort for the acts or omissions of another. In 1986, the European Communities enacted Directive 86/653/EEC on self-employed commercial agents. In the UK, this was implemented into national law in the Commercial...
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...INTRODUCTION Agency has been defined as a legal relationship that exists between two persons where one called the agent is considered in law to represent the other called the principal in such a way as to affect the principal’s legal position in relation to other parties. This presentation will explore the below: • Definition of agency • Creation of agency • Effects of contracts made by agents • Rights and duties between principal and agent • Termination of agency DEFINITION OF AGENCY An agent is a person employed to do any act for another or to represent another in dealings with third persons. Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. On March 14th 1978, Kenya adopted the convention on the law applicable to agency. In Timmins (Town) v Brewers' Warehousing Co. Ltd (1962) Schroeder, J.A. stated, inter alia, that "the outstanding feature of an agent's employment in a legal sense is that he is employed primarily to bring about business relations between the principal and third persons, and this characteristic is perhaps the most distinctive mark of the agent as contrasted with others not agents who act in representative capacities". The law of agency prescribes the legal rules for determining- (a) How a person may become an agent; (b) The rights and duties between the agent and the principal; (c) The relations...
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...------------------------------------------------- CHAPTER 17-AGENCY LAW TRUE/FALSE 1. Larry decided to relocate to Germany. Larry hired Happy Homes, Inc. to find a buyer and contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be evidenced with a written agreement. 2. If Denise is hired to work as a cashier, she has the implied authority to do acts reasonably necessary to carry out her job. 3. Erica's supervisor told her to arrange for a conference room at the Kelly Inn. Erica has express authority to contract for the room. 4. An agent must obey all instructions of the principal. 5. Jolene hired Lacy to find a buyer for her house. Adam was interested in buying the house. If both Jolene and Adam agree, Lacy, a real estate agent, may represent both parties. 6. As a general rule, an agent is liable on contracts entered into on behalf of a fully disclosed principal. 7. You cannot be held liable for the actions of your agents if the agents are violating your instructions. 8. If apparent authority is present, the principal is liable for even the unauthorized acts of the agent. 9. The death of an agent automatically terminates an agency relationship. 10. Generally, either party to an agency relationship has the power to terminate it at any time. 11. Rob agrees to act as an agent...
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...Executive Summary Various issues in the common law arise when agents make contracts on behalf of principals. Should a principal be bound when his agent makes a contract on his behalf that he would immediately wish to disavow? The tradeoffs resemble those in tort, so the least-cost avoider principle is useful for deciding which agreements are binding and can unify a number of different doctrines in agency law. In particular, an efficiency explanation can be found for the undisclosed-principal rule, under which the agent's agreement binds the principal even when the third party with whom the contract is made is unaware that the agent is acting as an agent. Agency deals with situations in which one person -- the principal-- uses another person -- the agent-- to act on his behalf. Sometimes the acts of the agent are attributed legally to the principal, sometimes not. Clearly, agency is central to business dealings. No owner of a business can do everything himself; he must delegate some things to agents, and this is true not only of large corporations but of sole proprietorships that have employees who work for the owner. In partnerships, the partners act as each other’s agents. And in corporations, the shareholders are completely unable to act on their own behalf; they delegate authority to a board of directors, who in turn delegate authority to the officers of the corporation. In this report we will discuss the formation and types of agencies with a detail analysis of the evident problems...
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...Law Enforcement Agencies and Systems Law Enforcement Agencies and Systems Law enforcement agencies and systems have shown consistent changes over the centuries and is evolving over time. Even though “modern policing in the U.S. is still based on the nineteenth-century British model of the Metropolitan Police of London, a tremendous amount of specialization has evolved in today’s sphere of policing, especially among federal, state, and local agencies” (Peak, 2015, p.277). In this assignment, I will discuss similarities and differences between the modern law enforcement agencies and systems in the northeast, southeast, and western regions; as well as the urban and rural areas. Northeast, southeast, and western regions The criminal justice agencies over time were developed to respond locally to each regions particular social problems. In earlier times, a place such as New England, who had a sheriff that provided law enforcement, was an unskilled worker who was appointed the job (Conser, 2005). This was due to the lack of social problems because it was the norm to be obedient to authority figures and containing public order was not an issue. Churches and families; as well as the community, was all that was necessary I order to maintain social order and “there was little need for the formal agencies of social control that we know today” (Conser, 2005, p.53). Pennsylvania was also similar with New England with their religious beliefs and influences...
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...The organizational culture of a law enforcement agency or correctional facility is the appropriate or exact approach of the employees which is a direct reflection of senior leadership. It is the scheme or mutual beliefs of all personnel within the institution. The culture refers to the perceived behavior or habits in which the staff interacts with each other through language and attitudes. The employee's typical day to day activities will be consistent throughout the facility which represents the organization's visions and goals. The organizational culture is also represented by the embrace of the presiding values by the staff( Gómez-Mejía et al., 2016). When the administration of an institution has a concept of rehabilitation, all staff...
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...Which key agencies have suggested criteria for determining if a worker is an employee or an independent contractor? 4. What is the most important factor in determining a worker’s classification? 5. What are the consequences of misclassifying an employee? 6. Various federal and state agencies have established standards for determining worker status. Below are there of the more important: a. IRS common law criteria b. Darden Factors c. FLSA criteria 7. How do the standards above overlap? 8. [pic]Cases Classifications of Workers – there are two general categories of workers: independent contractor or employee. Independent Contractor: (read to Section Form SS-8) Definitions vary based on specific regulations or laws. However, in general, the “payer” has the right to control or direct only the result of the work done by an independent contractor, not the means and methods of accomplishing the result. Misclassification is common and the consequences can be significant for an organization (payer). In most cases, a worker’s status is obvious, but can be complicated. Other Worker Terms Contingent or Temporary Workers: Worker’s job with an employer is temporary, sporadic, or differs in any way from the norm of full-time employment. Individual still likely to be an employee, not a contractor. Have most of the protections of permanent employee such antidiscrimination, safety, and Wage and Hour Laws. ...
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...police agency. The police are responsible for maintaining public order and the prevention of crimes along with the detection of them within the jurisdiction that they are responsible for keeping order. The policing agencies are also charged with protecting life, liberty, and property of the people. On a daily basis, the crimes increase and so does the complexity of the crimes that are committed, and the complexity of the investigations that go along with solving the crimes. Without the police, the society would live in a state of chaos where people would live in a state of solitude, afraid to go out due to the crimes around them. The police agencies play an important role in the direction of justice. Some of the ways that the police agencies execute these functions is to execute all orders and warrants lawfully issued to the officer by authority. They also collect intelligence and communicate the intelligence that affects the public peace. They are also responsible for the prevention of the acts of crime or public annoyance and apprehend offenders and bringing them to justice. This is just to name a few of the functions of the policing agencies. There are mainly three different types of policing agencies. They are federal policing agencies, state policing agencies, and local policing agencies. Each type of police agency has similarities and differences. I am going to explain some of the differences of the each type of policing agency. The federal law enforcement agencies are smaller...
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...at least four peer reviewed references. Format your paper consistent with APA guidelines. Police agencies in US basically play the role of protection and service to its citizens. Over simplifying the police role, many police cars are adorned with the tag of “to protect and serve”. Meanwhile many scholars attempted to categorise the role of police into two fragments: maintenance of order and law enforcement.(James,1968).But in reality police ,the role of police is much more diversified and complex ,in contrast to the divisions mentioned above. They are generally the first agency that people look up to whenever in need. From searching lost children to solving neighbour’s dispute, from property problems to traffic control, the role of police is most significant for the law enforcement of a country. It can be concluded that police interact with people more often with respect to non-criminal matters in comparison to criminal matters. This shows that the major role of police is law enforcement .It includes investigation of criminal activity, collection of evidence, prosecution of criminals, giving referrals to court the results of investigation, maintenance of order and service to the public. They are also responsible in giving first response to emergencies, calamities, and threats to public safety, protection of public officials and operation of correction programmes. The law enforcement...
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...CJS/210 Police Organization Police agencies are all organized very similar to each other, but the main difference is in their jurisdiction. Local police agencies make up the largest number of law enforcement officers in the United States. Local agencies are responsible for patrolling, and doing investigations of crimes committed within their own jurisdiction. Local police departments are broken down into levels which are patrolled by separate organizations. City level - Full jurisdiction within respectful city, Sherriff's Offices- County Level - which is full jurisdiction within their respectful county, and these organizations have limited jurisdiction outside of their areas (Grant & Terry, 2008). State agencies are given the ability to make arrests, and execute search warrants if an offense is committed in the presence of an officer. One level of the state agency policing is the State Patrol or better known as Highway Patrol (Grant & Terry, 2008). These patrols have jurisdiction to enforce traffic laws, and investigate accidents on any highway or interstate in the respective state that they work for. State Troopers are given full jurisdiction throughout the entire state weather they are in a township, county, interstate, or highway. State police officers are frequently called upon to assist other law enforcement agencies, usually agencies that are in small towns or rural areas (Grant & Terry, 2008). Federal level agencies are made up of nine government departments...
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...CJA/394 February 7, 2012 Patrick Daulton Introduction Law enforcement agencies in the United States have numerous different functions. There are three basic levels of law enforcement; Federal, state, and local level. Each level of law enforcement is organized to deliver effectively the services that meet the public’s needs. Collectively these levels and agencies work together to achieve many duties. Whereas each level of law enforcement has its own responsibilities and procedures, their functions are very comparable. Research reveals the various roles of each police agency at its perspective level, how these functions compare to each other, and the impact these roles have in a community. Basic Functions of Policing First, the basic functions of police agencies include law enforcement, arresting offenders, crime prevention, maintaining order, and providing other services to community members in need. Many of these functions may coincide with each other. As an example while enforcing the laws, officers are often required to arrest the offender, which results in the maintenance of order. These functions in turn help prevent future crime. Federal Level of Policing The Federal level of policing includes organizations such as the Federal Bureau of Investigations (FBI), Immigration and Customs Enforcement (ICE), and the Drug Enforcement Administration (DEA). The FBI, for example, is the Nation’s premier law enforcement organization and is responsible for collecting facts...
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...Local law enforcement has many different duties that they are responsible for every day and each agency is broken down into many different roles. Local police officers for example are responsible for providing safety within the communities and their specific jurisdiction by patrolling the streets, providing public information, conducting investigations, and forcing traffic laws, preventing crimes, providing and monitoring the local detention centers and drug and alcohol testing to name a few. In 2007, there were approximately 2575 local police departments that were operating in the U.S. In these departments were approximately 463,000 full time personnel. State law enforcement consist manly of the state police and the higher patrol. The duties of these two departments consist of patrolling specific areas, conducting investigations, and enforcing traffic laws on high ways. The state police are much like the local police except that they have a much larger jurisdiction and they are broken down into specialized units, such as, the investigative unit, the aviation unit and tactical unit. The highways protrol's main duty is to enforce traffic laws on state roads and highways, in the means of DUI enforcement, drug trafficking, and traffic accidents. Hawaii is the only state without a state police or highway patrol In 2007, there were 49 state law enforcement agencies with approximately 107,000 full time personnel. The California highway patrol way largest of all state law enforcement...
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...Selection Juan Torres Course: CJA/214 February 4, 2012 Instructor: Jess Gutierrez Officer Selection Law enforcement recruitment; it is the law enforcement agencies responsibilities to select the best candidates for their personnel. Although, there are different levels of law enforcement; including local, state and federal, there requirements and process are similar. Every candidate has to go through a process including; personal interview, criminal record check, background investigation, driving record check, medical exam, psychological evaluation, drug test, written aptitude test, physical agility test, polygraph exam and voice stress analyzer ("Requirements to Become a Police Officer", 2003-2012). Law enforcement agencies not only hire officers, their goal is also to retire them as well. By doing so, they depend on career development programs. As for a local police; there are four steps in to becoming a police officer. It sounds like four simple steps and one becomes a police officer, in the contrary four steps go along way. The first step is meeting basic prerequisites; according to "Requirements To Become A Police Officer" (2003-2012), “all police departments require their police officers to have at least a high school diploma or equivalent education” (Step 1: Meet Basic Prerequisites). Age limit is another requirement; almost all local police agencies require a candidate to be at least 21 years old, also be a U.S. citizen and have a valid driver’s license including...
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