...road more than half the year. He often does not come home for more than a few days at a time. Over the course of his 17 years of employment with Software Inc., Coleman has had several stretches on the road that last three months or more. During a sales trip to Smalltown, Colorado in March 2008, Coleman found it necessary to wash his laundry. He also wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it. He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.” Coleman was talking with Jimmy about business when he spilled his drink all over the bar. That made him think about this cool trick where you put pure grain alcohol in your mouth, blow it out and light it. Coleman took a big drink, took out his lighter, and said, “What this!” He lit his lighter, blew the liquid and a fireball went through the room. The fireball hit Jimmy and killed him instantly. The bar also sustained a lot of damage. Software Inc. fired Coleman without even interviewing him to get his version of the events. Software Inc.’s handbook required all employees to be interviewed before termination. A week later, Coleman called John to make amends. When they met, Coleman said, "The company and I are so sorry about what happened. Let me take...
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...Global – Contracts & Offers Professor: Tonya Floyd LAWS 310 Devry University Table of Contents Introduction…………………………………………………………………………….. 3 Definition of Contracts…………………...........................……………………………… 3 The Greenleaf Manufacturing Proposal Analysis …………………………………………. 3 The Sunrise Ltd Proposal Analysis......................…………………………………………. 4 The Groupo Embraco Proposal Analysis.......................…………………………………. 4 Pros & Cons ...……………………………...........................................................………. 5 Domestic Sourcing……………………...........................................................………. 5 Foreign Sourcing…….......………………...........................................................………. 6 Contract Liability... …………………………………………………………..………... 7 Conclusion………………………………………………………………….…………... 8 Introduction Gloria’s business is going global and many decisions need to be made in order for her to fulfill her clientele’s needs. She needs to make decisions that make sense for her and her business. We will start by providing the definition of contracts and offers in our textbook, so we can have a clear idea of what we are about to discuss next. We will explore and analyze 3 different scenarios or proposals to suggest Gloria which one makes more sense for her business and her clients. Having the opportunity to expand her business and take it to the next level is definitively a situation...
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...Law of agency From Wikipedia, the free encyclopedia Jump to: navigation, search The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another (called the principal) to create a legal relationship 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 impliedly, 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; • Agents and the third parties with whom they deal on their principals' behalf; 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 Latin phrase, qui facit per alium, facit per se, i.e. the one who acts through another, acts in his or her own interests 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 India, section 182 of the Contract Act 1872 defines Agent as “a person employed to do any act for another or to represent another in dealings with third persons”...
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...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 between the agent and the third party; and (d) The manner in...
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...information on how the law handles purchasing agent actions when acting upon directions from their principal, but what happens when the agent acts alone, is the agent held responsible? What about signature authority or when the agent is careless and takes on actions that he/or she has no right to perform. Can a purchasing officer be held personally responsible for actions outside the knowledge of his principle? Purchasing officers (agent) are employees who buy supplies and materials for the companies they work for. They dicker over the smallest costs and make decisions for the company on materials and supplies that would benefit the company. Agents are also in charge of managing contracts and ensuring that they are completed in time. Purchase agents have to be educated with enough knowledge to make the right decisions on handling the purchasing, inventory levels, suppliers and the economics which will enable them to make the important decisions to help a company succeed. Contracts involve negotiating for bids, being technical in your knowledge and being able to access what products are needed is part of what makes the agent the expert and their field. Purchasing agents are expected to be able to meet with vendors and to be able to iron out the problems, so as not to cause harm to the company. The control of the Agent comes from the principal. This can either be a company, or an individual who has the authority to delegate his duties to the agent for the good of the...
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...A Growing Business Liliana Drum BUS 311 Business Law I Instructor: Donald Ceplenski November 17, 2014 Although have a sole proprietorship type business can be straight-forward, deciding when to grow a business to handle larger amounts of transactions can be a difficult time. When first setting out in a sole proprietorship, decisions and business transactions are done through one person, when a situation occurs that calls for larger transactions and more employees, revamping the initial business model is not only necessary but demanded. Taking rest and reassurance in forming either a partnership or corporation can be a hefty decision, but will provide support and protection when dealing with large amounts of transactions and customers. Hindsight is always 20/20, and many small business owners stated then would have started their business with a more planned out and developed plan. When common law or the Uniformed Commercial Code (UCC) governs contracts, the difference between the two will drive how disputes are resolved. As a result of this concerted effort by some of this country’s leading legal experts, the UCC was enacted in whole or in part with only small changes by the legislatures of all states. While the UCC represents a significant effort toward a uniform national law, it should be remembered that there would still be variations from state to state Common law derives from judges making decisions in actual lawsuits and emphasizes the making of rules through...
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...Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS 311 Week 1 DQ 2 Tort or Crime BUS 311 Week 1 Quiz BUS 311 Week 2 Critical Analysis Paper BUS 311 Week 2 DQ 1 Elements of a Contract BUS 311 Week 2 DQ 2 The Uniform Commercial Code (UCC) BUS 311 Week 2 Quiz BUS 311 Week 3 DQ 1 Employment-at Will BUS 311 Week 3 DQ 2 A Principal’s Responsibility for the Actions of Their Agent BUS 311 Week 3 Final Paper Prep BUS 311 Week 3 Journal Your Experience with Business Law BUS311 ALL DQS ASSIGNMENTS AND QUIZZES To purchase this visit following link: http://www.activitymode.com/product/bus311-all-dqs-assignments-and-quizzes/ Contact us at: SUPPORT@ACTIVITYMODE.COM BUS311 ALL DQS ASSIGNMENTS AND QUIZZES BUS 311 Week 1 DQ 1 Applying the Law to a Set of Facts BUS...
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...around a contract and the legal authority to sign into that contract acting as agent for the owners of the company evolved. The purpose for this paper is to analyze the different forms of agency covered in the video and determine if the employees had the legal authority to sign the company into a binding contract. Hal and Karen are partners that own Quick Takes Video. They are being sued by Non Linear Pro over a lease for editing equipment that Hal found to be unsatisfactory and returned before a lease expired. Non Liner Pro is seeking to recover monies owed to them for the lease of the equipment. Neither of the partners knew of; or signed the lease. The agreement was signed by Janet an employee of the company. Janet did not know she was signing a lease. It was not presented as a lease and Janet assumed it was a delivery slip. Quick Takes Video is arguing the nature of the contract because Janet did not know she was signing the contract, it was verbally expressed as a trial offer, and the product did not perform. This was the legal course for the company until Karen brought up the fact that neither she nor Hal had entered into a lease. Janet did not have the authority. This brings up the legal issue of agency. Did Janet have the authority to act as an agent and sign into a lease for the partners? Was she acting as an agent of Hal’s when she signed the lease agreement? In the text book Business Law: The Ethical, Global, and E-Commerce Environment the authors collaborate and describe...
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...INSURANCE SERVICES AGENCY APPROACH In recent times the insurance business has been based on agency representation and relationship. The agent represents the principal in the sale of insurance policies and in forcing a contractual relationship between the principal and the client. According to Nwachukwu (1991), the following criteria will be considered in agency creation 1) The creation of agency. The relationship can be formulated either through written or oral communication or by conduct. When required to act under seal, the agent must be given a document to validate his authority. This gives the agent power of attorney to act on behalf of his client. It has also been 2) Capacity: only individual who have been proven capable can act as agents. Exceptional cases are made during his period of sanity. Also a company can take up the role of an agent for another party, even if its not in line with the business operation of the company. The relationship that exists between the principals and agents is solely based on the resultant benefits. Classification of the Power and Authority of the agent 1) Express Authority: in this situation, the authority and rules governing the relationship is clearly spelt out in writing, oral or by deed. The oral form might not cure handy when issues come up. Where the written authority might not be specific and this gives room for manipulation of the principal by the agent. 2) Implied Authority: this authority is based on the nature...
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...Business Law I MGMT235-1401A-05 January 15, 2014 For this discussion board post we are to discuss the topics of Agency Law and the different principals and ideas that go along with it. There are three types of principles that exist; they are disclosed, undisclosed, and partially disclosed principals. A disclosed principle refers to when there is a 3rd party involved. The person/people are not hidden by the company to the person or persons that they are working with. For example, Let’s say you have a bill and you have not paid it, the company that you had the bill will originally may turn your account over to another 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...
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...TUTORIAL 7 (online) LAW OF AGENCY 1. Describe the relationship of a principal and agent? An arrangement in which one entity legally appoints another to act on its behalf. 2. Can an employee be an agent and why? Can because the employee is negotiating with customers on principal’s behalf. 3. Is a sole distributor an agent and why? It is an agent because its role is to become the middle person in distributing products. 4. In what circumstances can a person be an agent of ‘necessity’? It must be an emergency Need to protect principal from loss 5. What is meant by an agency created ‘expressedly’ and one created ‘impliedly’. It is expressed when spoken or written and; It is implied when inferred from circumstances cases 6. What are the consequences if an agent fails in his duties to the principal? He must compensate the principal for any loss resulting. 7. What can an agent do if he is not paid by the principal? Sue the principal 8. Explain what is ‘ratification’ in the law of agency and why would a principal want to ratify the unauthorised acts of an agent. When an agent, without the knowledge or authority of the principal, acts on behalf of the principal, the principal may choose to accept or reject the acts 9.What is meant by agency by ‘estoppel’? Where an agent, who has no authority, does acts to 3rd persons on behalf of principal, the principal is bound by those acts if he has, by his words or conduct induced such...
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...Class 1 Chapter 1 The law is written. Capital punishment is illegal. It means putting to death the person. Class 2 Chapter 4 Direct discrimination takes place when an employer adopts a rule which on its face discriminates against people based on one of the many factors listed in human rights codes. For example, a rule like “no Catholics, women or blacks can be employed here” would be an obvious case of direct discrimination. Thankfully, such blatant discrimination is rare. Adverse effect discrimination takes place where, for genuine business reasons, an employer adopts a rule which seems neutral but can have an unfair impact on a particular group of people. For instance, a rule that all employees must work Saturday might seem fair but will adversely affect employees who, for religious reasons, celebrate their Sabbath on Saturday. Systemic discrimination takes place where established procedures of recruitment, hiring and promotion, although neutral on their face, create unnecessary hurdles for some members of society to obtain employment or advancement based on their racial or religious background, among other factors. Class 3 Chapter 4 1. Bona fide occupational requirement 2. Non-profit 3. Ethnic group Bona fide occupational requirement (BFOR) means that the rule establishes a requirement that is necessary for proper or efficient performance of a job. 1. Legitimate concern (purpose) 2. Honest and good faith 3. Rationally connected to the legitimate...
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...A fiduciary relationship that results when one person (the principal) manifests her consent that another person (the agent) will act on her behalf and subject to her control, and the agent manifests his consent to so act. ( Fiduciary: A person who undertakes to act on behalf of and primarily for the benefit of another. ( Fiduciary Duty: A duty arising from the trust and confidence placed in a fiduciary by those on whose behalf and for whose benefit she acts. EMPLOYER-EMPLOYEE RELATIONSHIPS ( Employee: A person (1) who works for, and receives payment from, an employer, (2) whose working conditions and methods are controlled by the employer, and (3) for whose acts and omissions occurring in the scope of employment the employer is liable. ( Independent Contractor: A person (1) who works for, and receives payment from, an employer, (2) but whose working conditions and methods are not controlled by the employer, and (3) for whose acts and omissions the employer is not liable. DETERMINING EMPLOYEE STATUS ( To determine whether a worker is an employee or an independent contractor, courts consider the following: (1) how much direction and control the employer exercises over the details of the person’s work, (2) whether the person is engaged in an occupation or business distinct from that of the employer, (3) whether the work the person performs is usually done under the employer’s...
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...step：Legal Issue The legal issue is the establishment of a company and its corporate liability in terms of debts. The legal issue seeks to determine if Samantha is entitled to collect the payment of $50,000, which she has loaned to the company. The second step：Principle of Law According to the resource a company is considered as “a separate legal entity,” (Hicks and Goo 2008, 95) and under its own name, the company has the power to own properties and to sue or be sued (Hicks and Goo 2008, 95). Based on s 114 of Corporations Act 2001 (Cth), the company needs a minimum of one director and member in order for it to be constituted; a proprietary company can have the same person as a director and as a shareholder. The single director can exercise all the powers entitled to the company, such as to loan money and issue shares, but there are exceptions, which can be executed by holding a general meeting as cited in the Act or the constitution of the proprietary company (s 198E(1), Corporations Act 2001 (Cth)). The separation of the company as a legal entity is highlighted in Macaura v Northern Assurance Co Ltd [1952] AC 629. Macaura was an owner of a timber plantation and then established a company and sold his business to the company without transferring the insurance policy. The timber was devastated by fire, and Macaura demanded the insurance company to pay the damages. However, the court cited that Macaura and the company are two separate legal entities, and with that, the timber was...
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...Case 1 1. An agent is a person (which can include an entity, like a corporation, partnership, or LLC) who acts on behalf of and subject to the control of another by authority from him. The category of agent can affect their liability to any claims and the two main categories of agent: General agent: a general agent is an agent authorized by the principal to conduct a series of transactions involving continuity of service, like a manager of a business. A general agent does not require fresh authorization for each transaction. Special agent: a special agent is an agent who is authorized to conduct a single transaction or a series of transactions not involving continuity of service. In other words, an agent who is given specific authority and specific instructions for a specific purpose is called special agent. Jane’s contract, which gives her authority to act on their behalf for the purchase of all ladies fashion ranges fulfills three elements-consent, control and on behalf of-of an agency relationship indicating that the case satisfies the definition of agency relationship between the Jane and her employer. Jane is supposed to be regarded as a special agent since the contract specifically mentions the range of her authority which is all ladies fashion ranges. We should pay attention that, as generally, the principal will not be liable for third parties who deal with special agents in areas outwith their specific instructions. 2. Before an agency can be formed...
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