Love and Perfectly Good Children Essay

Wislawa Szymborska communicates a negative feeling towards adoration and sweethearts in her sonnet â€Å"True Love.† in the first place, the speaker addresses the estimation of affection and has all the earmarks of being severe towards the thought. At last, she shrewdly utilizes the darlings to show how one’s discernment can be changed when they are enthusiastic about their convictions. At first, the speaker addresses the total satisfaction of couples who appear to be in ‘true love’. The speaker states, â€Å"What does the world get from two individuals who exist in their very own universe? /place on a similar platform for no decent reason†¦Ã¢â‚¬  (3-5). Here, the speaker wryly suggests: What does the world or those encompassing them (in a manner of speaking) escape them being joyfully ever after in their own reality, while putting each other on a platform for no evident explanation. These inquiries are proposed to make the peruser consider genuine romance and its hugeness. â€Å"What does the world get from two individuals who exist in their very own universe? /Placed on a similar platform for no decent reason†¦Ã¢â‚¬  (Lines 3-5) In this way, the speakers debilitating articulations towards affection is appeared through the selection of words in the inquiries posed. The speaker questions, â€Å"True love. Is it extremely important? /†¦Perfectly great youngsters are conceived without its assistance. /†¦It goes along so rarely.† (27, 30 and 32). Here, the speaker recommends: Is genuine romance even extremely important? For, completely great individuals exist without being imagined through affection; as it happens ever. These announcements are intended to persuade the peruser concerning why genuine affection ought to be an idea in retrospect as it isn’t expected to manage youngsters and life goes on fine and dandy without it. â€Å"True love. Is it extremely important? /†¦Perfectly great kids are conceived without its assistance. /†¦It tags along so rarely.† (Lines 27, 30 and 32) Ultimately, the speaker’s opposing selection of words in the last verse discloses to us that s/he approves genuine romance. She claims, â€Å"Let the individuals who never discover genuine affection/continue saying that there’s no such thing.† (33-34). Here, the speaker insists that in spite of every last bit of her negative purpose of-sees recently expressed, the more one doesn’t need to trust in love†¦the more grounded as a general rule they affirm its significance. This announcement tells the peruser that, paying little mind to her trashing tone, on the off chance that one accepts that genuine affection doesn't exist before encountering it or because of a terrible encounter, they’ve just lost their opportunity or all the more less affirmed their most noticeably awful dread of genuine affection really existing. So from this viewpoint, obliviousness is delight since it is perhaps better to be glad and ignorant regarding love than to be miserable as a result of the irreversible torment it may cause. â€Å"Let the individuals who never discover genuine romance/continue saying that there’s no such thing.† (Lines 33-34) Confounding is the most ideal approach to depict Szymborska’s sonnet. The speaker’s tone is basic and unpleasant, s/he utilizes cruel language, for example, â€Å"deceptive† (Line 18), â€Å"outrage† (Line 11†) and depicts love as a â€Å"plot† (Line 21) to stress her contention. Along these lines, s/he drives the peruser to accept that she doesn't have faith in, nor bolster genuine romance.

Comparing Lady Macbeth and Curley’s Wife Essay

‘Of Mice and Men’, written in 1937 by John Steinbeck, and ‘Macbeth’, written in 1606 by William Shakespeare, both depict ladies as connected to the destruction of male characters. Both play and novel were set and composed now and again where ladies didn't have numerous rights. ‘Macbeth’ was first acted in 1606 which was a man centric culture and the ‘Divine Right of Kings’ implied that individuals accepted that rulers were picked by God to manage thus slaughtering a lord, or regicide, was viewed as the best sin that could be submitted. I will be taking a gander at Lady Macbeth who has a vile authority over her significant other. ‘Of Mice and Men’ was written in the hour of the Great Depression; by this point ever, ladies had begun to get a few rights, for example, casting a ballot, however they were the first to lose their positions when the Depression came and many needed to become housewives by and by. Curley’s spouse speaks to the disappointment of ladies in this period. This article will concentrate on the similitudes and contrasts between the two characters and how they are spoken to thought structure, language and topics. The crowd initially meets Lady Macbeth in Act 1 Scene 5. She is perusing a letter from Macbeth clarifying the occasions that just occurred with the witches. This is trailed by her monologue, so we hear her considerations so anyone might hear. This demonstrates Lady Macbeth will have control over the occasions in the play, since she starts plotting the homicide of the lord; this presentation of intensity is uncommon for a lady in the seventeenth century, which is additionally recommended by the way that she would have been played by a man on a Shakespearean stage. Woman Macbeth during the play is significant, since she is as of now the spouse of an aristocrat and later the lord. After the rule of Queen Elizabeth, society was on edge about influential ladies and would have been restless about Lady Macbeth since she starts to plot murder while perusing the letter saying: â€Å"Yet do I dread thy/nature It is excessively brimming with the milk of human generosity to get the closest wayà ¢â‚¬ . â€Å"nearest way† is a doublespeak for homicide. She shows intensity and is reproachful of her better half. Woman Macbeth and Curley’s spouse both show scorn for their husbands. In Act 2 Scene 2, Lady Macbeth is manipulative towards her better half, as she grumbles to him for restoring the blades to the location of the wrongdoing, by saying â€Å"My hands are of your shading, yet I disgrace/to wear a heart so white†, ‘white’ is identified with honesty or without transgression. This identifies with the setting as during the Jacobean men are implied have wicked hearts from all the individuals they have slaughtered and for a lady to call a man’s heart white, and for her to be disgraced by it he should be less masculine than her. The connection among Curley and Curley’s spouse is seen without trust all through the improvement of the book. Curley’s spouse doesn't wish to be under his manly control; Curley’s wife says â€Å"think I like to stick in that house alla time?† The word ‘stick’ intends to remain connected by attachment, this demonstrates how she can't be free or defy her husbands in any capacity. It demonstrates that she would rather not be without anyone else, and shows Curley’s possessiveness and desire towards different characters on the farm about her decreases the things where she can do. During the 1930s lady were frequently kept at home by their spouses as occupations were getting progressively hard to get and keep, as ladies just as of late got the option to work in increasingly manly employments thus this get them minimal measure of rights to employments when occupations turned out to be rare. Woman Macbeth feelings and Macbeth physical status are connected all through the play. In Act 1 we see Macbeth being elevated to thane toward the finish of his fight, this is the beginning of his realm, fortification and jail. Woman Macbeth on perusing the letter sent for Macbeth increments in underhandedness and this is the beginning of her realm, post and jail yet with Lady Macbeth it is to monitor or detain her feelings or blame. This doesn’t keep going long for the sovereign as her watchman is down and her feelings get away from her during her sleepwalking scene, as she says â€Å"out, cursed spot!†, a ‘spot’ can be alluded to an adjusted imprint stain made by an outside issue, as mud, blood, paint, ink, and so forth. She isn't alluding to a physical spot however the hole of her feelings, the blood recolored spot of King Duncan, this is additionally shoes Lady Macbeth’s more starvation side which the crowd expected of a female in the Jacobean man centric culture. Macbeth’s fortification comes disintegrating before him toward the finish of Scene 5 consummation with his passing, for the King to bite the dust is a strong stun during the time where the celestial right of rulers implied the greatest sin that could be submitted as the lord is believed to be picked by God. Curley and his better half then again are a remarkable inverse. Curley’s wife’s choices influence the soundness of Curley position on the farm. The Curley we met toward the beginning is depicted as the most grounded character on the homestead, he is additionally the farm owner’s child and is the just one with a known spouse. Every one of these variables make-up the columns that hold at the highest point of the pyramid. When Lennie breaks his hand he as of now gets flimsy thus begins being increasingly severe with his better half, for example, making her stay at home. With his significant other know circumventing the farm with close to transparent tops and heated up Barbie face, which for a lady in the mid twentieth century his ridiculous as they are viewed as claimed by their spouses. At the point when she passes on this is a serious deal for Curley similarly as with just a single column scarcely holding him up his pyramid is toppling down. His annoyance is appeared at the finish of the play when Curley pitches a fit says â⠂¬Å"That huge bastard done it. I realize he done it.† The two females characters hint significant occasion in the writings. Hinting is seen straight away when we meet Lady Macbeth when she talks her monologue. During this talk Lady Macbeth yells about her better half, when she specifies â€Å"Make thick my blood†, to thickened blood is otherwise called blood clump, Blood cluster is known for being agonizing, thus for her to need for her blood to clump, she should . Lady in the seventeenth century were viewed as peaceful. Later in Act 5 Scene 1 Lady Macbeth guarantees her demise as she opened herself unwittingly, before the specialist and medical caretaker, and says â€Å"There’s a thumping at the door†. ‘Door’ is any portal denoting a passageway or exit starting with one spot or state then onto the next, in this scene the entryway identifies with the entryways of heck, as Lady Macbeth is feeling the heaviness of her wrongdoings on her. This hinting is satisfied when Lady Macbeth is said to of slaughtered herself off-stage. In ‘Of Mice and Men’ portending is found in part 2 when Curley’s spouse acquainted genuinely with the peruser. The content portrays her as â€Å"She had full, rouged lips†¦ Her fingernails were red†¦ like sausages†¦ red donkeys,.. of red ostrich feathers†. ‘Red’ is of the shade of new blood, thus her appearance gives her demise sooner rather than later because of her edginess to grab the eye of everybody on the ranch. This is on the grounds that numerous individuals felt frail and disappointed during ‘the Great Depression’. In the passage to the new characters, George and Lennie, the scene is depicted â€Å"Both men looked up, for the square shape of daylight in the entryway was cut off†. The ‘sunshine’ is identified with the daylight of paradise, this again is foreseeing her passing soon. In section 5 the novel notices â€Å"A pigeon flew in through the open feed entryway and surrounded and flew out again†, the pigeon in French is a youthful bird which can be identified with the paradise, at last showing her passing a second prior to we her doll like cadavers. Her demise resembles her presentation as the two of them having comparable with her red theme.†Ã¢â‚¬ ¦rouged cheeks and her blushed lips†¦Ã¢â‚¬  this demonstrates the foretelling toward the beginning is identified with her passing toward the finish of the book. Curley’s spouse shows power over Crooks in ‘Of Mice and Men’ yet ladies having such low regard during the Great Depression. The play is organized with the goal that the significance of Lady Macbeth diminishes during the play while Curley’s wife’s significance increments during the novel. Woman Macbeth is embarrassed about her better half toward the beginning of the play as Macbeth shows such a great amount of shortcoming towards her. This failure of hers is demonstrated extraordinarily during the slaughtering of King Duncan in Act 2 Scene 2. This additionally gives her significance, as she grumbles to Macbeth by reporting â€Å"My hand are of your shading, however I disgrace/to wear a heart so white†, disgrace is an excruciating inclination of mortification or misery brought about by the cognizance of off-base or silly conduct. In setting this is odd as during the Jacobean period ladies were required to comply with their spouses, however rather she is increasingly manly that her own better half. In Act 5 Scene 5, Seyton stoically says †The sovereign, my master, is dead† ye t we don't observer the passing in front of an audience, this is to show that Lady Macbeth has lost her significance since the beginning of the play. Then again Curley’s spouse is less significant toward the beginning of the novel as we hear her in a discussion among Candy and George, as Candy portrays Curley’s wife as a â€Å"tart†. The word is a hostile term for a female whore demonstrating that what she does isn't what is needed from a 1930s spouse as it was misogynist society and men were as yet predominant. Toward the finish of the book Curley’s spouse is murdered however not off-stage therefore demonstrating an expansion in her significance since the beginning, this is most likely on the grounds that she is immediate c

Dont Get Bogged Down When Blogging

Dont Get Bogged Down When Blogging Make Money Online Queries? Struggling To Get Traffic To Your Blog? Sign Up On (HBB) Forum Now!Dont Get Bogged Down When BloggingUpdated On 23/04/2017Author : Chris MTopic : Blogging FeaturedShort URL : http://hbb.me/2ozedIX CONNECT WITH HBB ON SOCIAL MEDIA Follow @HellBoundBlogBack in 1996 I found this burning sensation inside to share my thoughts, opinions and experiences online. Social networks such as Facebook, Twitter and the likes werent around and I didnt want to just send everyone emails about things they might not be interested and nor would it reach anyone in the world, so I realise that blogging was the thing to do. Web software like WordPress was not around, this forced me to build my own platform to publish my information and allow others to read and comment on it.Working under these circumstances required time, WordPress and other blogging platforms allow you to post information quickly and a lot of the hard work is taken care of for you, but I didnt have this luxury and thus learnt how to blog quickly and accurately without spending too much time doing it. I speak to aspiring bloggers every single day of my life and Im asked the same questions each time:1. What should I blog about?2. How much time does blogging take?3. Will people like what I write?The question which relates best to this post is question 2. If youre a blogger or have tried blogging, Im sure youve opened up a document or taken a piece of paper to write a post and before you know it, 20 minutes have gone by and youve got absolutely nothing written down. If youve experienced this youll be smiling inside because youll get it!So, whats the point? Well, the point is quite simple: A lot of people want to start blogging, but when they try to, it takes 2 hours to write their first post and when it comes to writing their second post, they give up because they cant justify the time. What I want to do is share a few things that Ive learnt over my 15 years of blogging experience that will h opefully assist you in conquering that second post hurdle once and for all.Blog about a PassionThe very first thing I tell anyone who wants to start blogging is that they need to blog about a passion. When youre blogging about a passion the words should come quicker than if youre blogging about something you continually have to research whilst writing the blog post. There is a list of other reasons as to why you should blog about what youre passionate about, but theyre off topic, so if you want to hear more, leave us a comment below.READWhy You Shouldn't Worry About Comments On Your Blog - Success ProspectiveBlog where youre ComfortableIf your favorite spot to relax and write is in your garden, then blog from your garden. If you enjoy writing when youre in bed, then stay in bed and blog from there. If youre limited to a computer and platforms such as WordPress overwhelm you, what with all the controls on the left and right of the writing screen, then write your posts in a text file and copy/paste them into WordPress when youre done. If youre confined to writing inside  WordPress, then why not try using Writer Helper.Its Slow in the BeginningWhen you start blogging, not many people are going to be reading your blog. Its really important to realise this you might think that your post is going to go out to the entire Internet and unfortunately its not as simple as that, so dont spend hours and hours writing the post because only a handful of people are actually going to read it. Horrible reality, but its the honest truth. Remember, you can always go back to posts and fix them up or elaborate on them in fact, for search engine optimization reasons, its actually a good thing to update posts. Once youve written a number of blog posts and your experience has grown, youll find it easier to write longer more detailed posts in less time, but in the beginning, just practice writing shorter posts to get them out there!These are just 3 tips that I wanted to share, this i s the sort of post that could go on and on for pages, but we dont have all the time in the world, so Ive kept it short and Im more than happy to discuss tips and tricks in the comments, just leave a comment and Ill reply ?? I hope this post helps a few of you!This article is written by Chris. He is an multiple award winning technology blogger and search engine specialist in Cape Town, South Africa. If you wish to write for us, kindly check this.

Pros And Cons Of Human Sex Trafficking - 1328 Words

Introduction Ronald Weitzer states that human sex trafficking is defined as â€Å"recruitment, harboring, transportation, provision, or obtaining of a person for a commercial sex act.† Adults who sell sex with the help of someone, are not reviewed as trafficking victims. For someone to be punished, the offense must include a severe form of trafficking, including a person under the age of eighteen years old who has been induced to perform a commercial sex act or an adult who has been induced by using force, fraud, or coercion. First, the important goal is to not eliminate trafficking, but rather to eliminate prostitution. Estimates place the number of domestic and international victims in the millions, with the majority being female and children†¦show more content†¦For example, in the movie â€Å"SOLD† a young 12-year-old girl named Lakshmi was being trafficked from her home in Nepal to a prison whorehouse in India. She and other imprisoned children received help from an American photographer and an aid worker to evade their captors. Joyce Meyer Ministries focuses on offering housing to victims as an option out of the sex industry for women who have been pressured into sex trafficking and prostitution as a way out of poverty (1). Claims regarding a growing worldwide epidemic are contradicted by the United State’s government’s own figures. For example, during the past years, the State Department’s yearly â€Å"Trafficking in Persons† report has decreased the figures on the magnitude of both transnational and domestic human trafficking. (Cause and Effect Analysis) This information will help you understand what is happening to young women across the country and why it needs to be stopped to save them from destruction. â€Å"According to UNICEF, every two minutes a child is being prepped for sexual exploitation.† Studies have shown that 1.2 million children are being trafficked each year. â€Å"This number excluded the millions already being held hostage by trafficking.† (1). Sex traffickers target victims through internet, cellphones, friends who have already been victimized, public places and even in after-school events where family members believe they are safe. Ansley JoyeShow MoreRelatedProstitution And Deviance : Examination Of Theories Amongst Positivist And Constructionist Perspectives Within Society1604 Words   |  7 Pagesexcite, upon discovery, disapproval, punishment, condemnation, or hostility (Goode, 2011 p. 3). Most scientists will agree that a person s most basic needs, physiologically, are breathing, food, water, sleep, and sex. If all of these are the most basic to human s needs, then how can sex be thought of as an act that is deviant? Deviance can be any behavior, belief or thought, that one person or society does not agree with, so basically anything we do, say, or think, could be considered to be deviantRead MoreShould Prostitution Be Legal?1354 Words   |  6 Pagesinform Specific Purpose: To inform my audience about the pros and cons of prostitution being legalized. Central Idea: There are various valid points on both side of the controversial issue of prostitution. I. Introduction Attention-Getter. The only reason I d lift my skirt is to pull a pistol and plug you in the head. Reveal the Topic. Should prostitution be legalized? C. Audience Motivation. Most human beings enjoy sex, but how do you feel about people having to pay for it?Read MoreHuman Trafficking : Right Or Wrong? 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Rape Rape, or forcible sexual intercourse without consent from both parties, may involve physical violence, threats, and verbalRead MoreLegalization Of Prostitution : Is It Really A Victimless Crime?1913 Words   |  8 PagesLegalization of Prostitution: Is It Really a Victimless Crime? The definition of prostitution, according to Merriam-Webster Dictionary, is â€Å"the work of a prostitute: the act of having sex in exchange of money,† and â€Å"the use of a skill or ability in a way that is not appropriate or respectable† (Merriam-Webster). The definition alone casts a shadow of negativity onto prostitution, plainly stating that it is wrong. The history of prostitution in America can be traced back to the founding days whenRead MorePro-Prostitution (The Advantages of Prostitution)1469 Words   |  6 Pagesbeing on the same category as drug addiction and homosexuality. The thought of a human being selling their body to lustful acts is something that most of us consider sinful and just plain dirty, but then again most of us don?t think about this subject in other viewpoints and angles. The ideas of legalizing marijuana and legalizing underage drinking are popular in our time, but no on stops to think about the pros and cons of legalizing prostitution which I might add has very beneficial repercussions

Dr. Steven M. Quiring - 1523 Words

Introduction and overview Dr. Steven M. Quiring (hereinafter, Dr. Quiring) is a climatologist, associate professor and graduate director in the Department of Geography at Texas AM University. As his research assistant, I felt so happy to work with such an excellent, patient, and easygoing scholar over this semester. And I was fortunate to be assigned to interview him so as to have an opportunity to know him better. Dr. Quiring and I met at his office on Tuesday, November 17th. Due to he is one of the busiest faculty members in the department of geography, so finally we conducted a short half-hour interview. We talked about his research, career path, the qualities and skills that he deems a successful geographer should have, and his†¦show more content†¦Then he gradually lost interest in this major. During the first semester, he took an introductory of physical geography course, which is a science course for non-science majors. This was his first time to try to understand and learn geography. Before t hat, he claimed he did not really know about geography in the high school. He got really interested in geography from the class he took in his first semester. And he started to choose more geography-related courses, learn it online, and discover the latest news from this discipline. In his view, geography is a practical and attractive discipline, which is closely connected to the real world with a very extensive application. So he switched his major. â€Å"A good teacher may shape your future.† A good teacher can teach you knowledge, import wisdom to you, and even bright your future. Dr. Quiring said he switched his major and eventually become a geography professor also because the professor he met in that class impacted him a lot. His first geography professor is a climatologist, who did a really good job of teaching the courseï ¼Å'stimulate the studentsï ¼Å'and aroused their interest in the study. This professor is one of the most impressive professors for Dr. Quiring, who changed Quiring’s attitude to geography. After that, Dr. Quiring switched his major and decided to be a geography faculty member when he was a junior student.

The Relevant Theories Of Leadership Styles And Will...

In this essay, I would like to discuss the relevant theories about leadership styles and will explore the key theories and models critically. Also, I will examine the Chinese, Indian and Turkish cultures represented in my group. In order to describe these cultures, appropriate cross-cultural models will be followed. Next, I will identify the key differences in terms of management style between these cultures and how these differences might have affected the leadership in the team. Finally, I will talk about the experience of being managed in the team. There are significant amount of literature being published across different disciplines to understand the leadership concept. According to Burns and Kelly (2012), there is no comprehensive and accepted theory after decades of research because of complexity of the subject. Therefore, there are many different definitions of leadership. Locke (1991) explains leadership as a process of convincing others to act towards a common goal. The evolution of leadership theories might have started in the nineteenth century with the term â€Å"great man†. As Kirkpatrick (1996) explained the leaders had traits like nobody else. Carlyle (1907) claimed that leaders have special traits of character and the exceptional personality eventually distinguish these people from the rest. However, according to Ronald (2014), one was advised to copy these special traits to become a leader which was unlikely to succeed by imitation. At the same time, the GreatShow MoreRelatedSituational Leadership Theory And Organizational Leadership1422 Words   |  6 PagesSituational Leadership Theory and Organizational Leadership Dwight D. Eisenhower said, â€Å"Leadership is the art of getting someone else to do something you want done because he wants to do it.† Leadership is the art of directing others in the pursuit of reaching a common goal or desired outcome. 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Innovation and Entrepreneurship of Rio Tintoâ€Myassignmenthelp.com

Question: Discuss About the Innovation and Entrepreneurship of Rio Tinto? Answer: Introduction The need to appreciate corporate entrepreneurship has been grabbing in criticalness and has realized different entrepreneurship structures being shown in the written work. Regardless of the way that the analysts who have watched out for corporate entrepreneurship have made basic duties regarding theory headway, there is still degree for a more drew in an examination, particularly as there is a creating necessity for corporate entrepreneurship and innovation inside companies. Also, ask about in these two zones has ended up being unsafe due to a general nonattendance of accord enveloping a settled after the hugeness of both thoughts and the key inside segments that stimulate them (Yury Anastasia, 2012). Earlier structures have focused on either entrepreneurship or innovation as self-ruling methodology, in this way confining their utility and application. In this way, there has been a no comment in the written work on the associations among entrepreneurship and innovation. Educators and specialists have attempted to describe corporate entrepreneurship likewise, innovation in an extensive variety of ways. There appears, regardless, to be little accord incorporating what constitutes entrepreneurial and inventive activity (Siham Stephen, 2011). Different makers have underlined entrepreneurship as the basic exhibition supporting innovation, which moreover resounds with Capel's (2014) viewpoint of entrepreneurship, as the basic catalyst for innovation. These points of view are, in any case, concerned just with entrepreneurial development as a radical change framework. Demonstrate proposes, be that as it may, this may not by and large be the circumstance. On the other hand, corporate entrepreneurship is held to progress entrepreneurial practices inside Rio Tinto. It uses the nuts and bolts of the Rio Tinto while grasping a behavioral style that challenges association and backings innovation. It is furthermore accountable for energizing innovation inside the relationship through the examination of potential new opportunities, resource acquisition, execution, abuse and commercialization of the new things or Rio Tinto (Seonaidh et al., 2015). Distinctive definitions have been made to elucidate innovation, and in this manner, the term has expanded more imperative vulnerability. Examination of the innovation composing asserts that there are titanic arranged qualities in points of view and approaches to managing what truly constitutes a creative activity, and moreover highlights a part of the confuse that exists inside the prepare itself. The confuse seems to originate from the way that various definitions display periphery thoughts, which may maintain a strategic distance from thought from the middle parts of innovation and make its application troublesome. For example, both Sanjay Sachin (2015) exhibit paradigmatic change and inventive considering. While different scientists concentrate on insight, including innovation, and propelled definitions that highlight displaying and entrepreneurial speculations. Subsequently, this study presents a fundamental appraisal of the corporate entrepreneurship and innovation composing and to build up a consolidated framework sketching out the present viewpoint of these two zones. The model shows that there is an opening among entrepreneurship and innovation. besides, this paper proposes three segments that can fill this fissure, specifically, entrepreneurial mindsets, vision, and activities (Stephen Siham, 2010). Discussion Understanding entrepreneurial mindsets is a fundamental consider comprehending the association between the entrepreneur and the innovation strategy. The motivation of the entrepreneur is one particular attitude that has been investigated in the written work. Individuals make entrepreneurial inclinations in light of unfriendly situational factors or in light of the fact that they wish to mishandle conceivably productive business opportunities. A pessimistic situational component, for instance, work disillusionment can convince a man into settling on the decision to twist up discernibly an entrepreneur. Likewise, entrepreneurs are driven by both cash related and non-fiscal targets (Per et al., 2014). In any case, demonstrate suggests that monetary get as often as possible highlights second to the prerequisite for achievement. Nassr et al., (2011) contends that those with a high prerequisite for achievement are significantly more inclined to participate in entrepreneurial activities than those with lower achievement edges. Entrepreneurs that work inside Rio Tinto tend to focus on the necessity for achievement, chasing more down test and freedom than financial benefit. In any case, inside various companies, a financial reward is up 'til now used as without a doubt the most fundamental determinant of advance or execution. Other entrepreneurial miens fuse a proclivity for risk-taking, conviction, availability to miss the mark, saw inconvenience of the new venture, steadiness, drive and so forth (Ingrid Jonn, 2011). Visualizations of an Entrepreneur An entrepreneurs visualization implies that what the company plans to fulfill later on. Visioning is a technique which incorporates various future time horizons and is a delayed consequence of regular, widely inclusive considering. It is about watching what is not there. Toward the day's end, the entrepreneur goes past seeing opportunities; rather, he or she can envision an alteration in the earth remembering the true objective to make opportunities. The last sort of visioning, along these lines, requires impulse and inventive vitality while the past is a result of a sensible evaluation of nature. As shown by Mine Livia (2010), the vision is affected without any other person ampleness, regular opportunities for instance, an adjustment in innovation or a change in the business focus and the cases of competition incident between the company and its enemies. Gifted entrepreneurs use the vision to strengthen delegates, help them to address the challenges that face them and to "urge their attempts to finish more than they speculated possible as they attempt to help the firm accomplish its vision. According to Ignatius et al., (2011), the activities of entrepreneurs can significantly influence Rio Tinto's execution. The composition prescribes different diverse. Entrepreneurial activities. For example, Devi suggests that entrepreneurship contains social association, which happens both inside and outside the Rio Tinto. In addition, these activities in like manner consolidate resource Rio Tinto and affiliation; the ability to affect and to make support, from others; and the capacity of looking over, framing and making musings. Different process models have been made in the written work recommending that innovation contains a grouping of different stages: through time, investigate framework, and progression, display creation, collecting, advancing, and bargains. In any case, researchers have suggested that there is an entire another universe of innovation than the method. Thoughts ought to in like manner be given to the thing with the objective that Rio Tinto can survey their success (or dissatisfaction). Without a doubt, the most goal, and relentless, segments to emanate from the innovation composing base on the thing; that is, new considerations and the potential for improvement through change. Innovative ideas can be determined to an oddity continuum. Elangovan et al, (2011) recommends that the base novel and risky sort of innovation is to incrementally change the style of a thing. This tends to be obvious and the effect accessible is most likely going to be slight. Strikingly, at the other side of the continuum, genuine innovation is held to significantly affect the business focus. Likewise, critical innovations can make new markets. This, along these lines, can put a noteworthy strain on all the reasonable regions inside Rio Tinto and can be significantly perilous and questionable. Between these two concentrations in the continuum, Capel (2014) decides diverse sorts of innovation: item offering extensions, thing changes, new things for the present market, and new things for another setup showcase in which the vendor is at present excluded. Disillusionment or disappointment in a market happens when may be entrepreneurs or pioneers let keen contemplations and objectives kick the pail or they don't know how to empower their entrepreneurial or innovation limits. Another market disillusionment happens when a confused thought feels free to failures, provoking lost occupations, the misallocation of capital, and in the most negative situations indebtedness. These school activities can drive the inevitable entrepreneur to answer the troublesome request and consider factors that the future entrepreneur may disregard before submitting cash related resources. To be feasible, these concentrations and ventures ought to be expected for new firms, new things, innovation frames, and entrepreneurial direction. Concluding Remarks Yet again, corporate entrepreneurship can be described as the effort of propelling innovation in an unverifiable circumstance. Innovation is a method that gives included regard and peculiarity to the Rio Tinto, its suppliers, and customers through the change of new procedures, courses of action, things and also new strategies for commercialization. Inside this method, the essential parts of the corporate entrepreneur are to test Rio Tinto, to overview new opportunities, to modify and utilize resources and to propel the innovation system. The corporate entrepreneur's organization of the innovation system will incite more noticeable points of interest for Rio Tinto. In spite of the way that this paper constitutes a starting stage, a certifiable need remains in money related matters to develop a better than average theory of innovation and entrepreneurship, and the part they play in financial headway and advancement. An entrepreneurial and innovation ascertained framework needs to help progression and testing under cultivating conditions. This framework should take a comprehensive and process-orchestrated approach to managing entrepreneurship by including the relationship of the earth, the individual, the company, entrepreneurial direct, and the level of innovation. Another investigation need is choosing how entrepreneurship can be produced by those motivated by getting the opportunity to be entrepreneur References Capel, C. (2014). Mindfulness, indigenous knowledge, indigenous Innovations and Entrepreneurship. Journal of Research in Marketing and Entrepreneurship, 63-83. Elangovan, G. Sundararaj, S.R. Devadasan, P. Karuppuswamy. (2011). Development of futuristic supply chain risk management pilot strategies for achieving loss reduction in manufacturing organisations. World Journal of Entrepreneurship, Management and Sustainable Development, 6(2), 39-51. Ignatius Srianta, Catharina Yayuk Trisnawati. (2011). Implementation of business planning project with experiential approach: A case study of entrepreneurship teaching to non?business students. World Journal of Entrepreneurship, Management and Sustainable Development, 6(4), 325-333. Ingrid Bonn, Jonn Fisher. (2011). Sustainability: the missing ingredient in strategy. Journal of Business Strategy, 32(1), 5-14. Mine Ozer, Livia Markoczy. (2010). Complementary or alternative? The effects of corporate political strategy on innovation. Journal of strategy and Management, 3(3), 252-272. Nassr Saleh Mohamad Ahmad, Fathi Ramadan Mousa. (2011). Corporate environmental disclosure in Libya: A little improvement. World Journal of Entrepreneurship, Management and Sustainable Development, 6(1), 149-159. Per Blenker , Stine Trolle Elmholdt , Signe Hedeboe Frederiksen , Steffen Korsgaard , Kathleen Wagner. (2014). Methods in entrepreneurship education research: a review and integrative framework. Education + Training, 697-715. Sanjay Sharma, Sachin Modgil. (2015). Supply chain and total quality management framework design for business performance-case study evidence. Journal of Enterprise Information Management, 28(6), 905-930. Seonaidh McDonald , Bee Ching Gan , Simon S Fraser , Adekunle Oke , Alistair R. Anderson. (2015). A review of research methods in entrepreneurship 1985-2013. International Journal of Entrepreneurial Behavior Research, 291-315. Siham El?Kafafi, Stephen Liddle. (2011). Innovative sustainable practices: Are they commercially viable? World Journal of Entrepreneurship, Management and Sustainable Development, 6(1), 19-28. Stephen Liddle, Siham El?Kafafi. (2010). Drivers of sustainable innovation push, pull or policy. World Journal of Entrepreneurship, Management and Sustainable Development, 6(4), 293-305. Yury Blagov, Anastasia Petrova?Savchenko. (2012). Corporate philanthropy in Russia: evidence from a national awards competition. Corporate Governance: The international journal of business in society, 12(4), 534-547.

Law of Agency free essay sample

The agent has power to affect the principal’s legal position vis-a-vis a third party e. g. by entering into a contract or disposing of the property of the principal. Agency has been defined in different ways by different scholars. According to Fridman in his book ‘Law of Agency,’ ‘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. Bowstead has defined agency as: ‘The relationship that exists between two persons one of whom expressly or impliedly consents that the other should represent him or act on his behalf and the other of whom similarly consents to represent the former or so to act. We will write a custom essay sample on Law of Agency or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page ’ Prof. Powell defined an agent as: ‘A person who is authorized to act for a principal and who has agreed so to act and who has the power to affect the legal relationship of his principal vis-a-vis a third party. The American restatement of the law of agency defines agency as: ‘The relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent. ’ In the case of Ikemefuna C. Amadiume Anor v. Mrs Agnes Solomon Ibok (2006) All FWLR pt 321 pg. 1247, the Court of Appeal defined an agent as: ‘Any person who acts for another in the capacity of deputy, steward, rent collector or any other agent or trustee on oath. ’ Also, in E. A. Okoyode v. FCDA (20006) All FWLR pt 298 pg 1200 at 1405, the Court of Appeal also defined an agent as ‘One who is authorized to act for or in place of another. ’ Here, the Court of Appeal was actually quoting the Black’s Law Dictionary 7th edition. Seavey defined agency as: ‘A consensual relationship. ’ This Seavey’s definition has received judicial approval in Garnac Grain Company Ltd v. HMF Faure Fair Clough Ltd. (1967) 2 All ER pg 353. In that case, Lord Pearson said, ‘The relationship of principal and agent can only be established by consent of the principal and the agent. They would be held to have consented if they had agreed to what amounts in law to such a relationship even if they do not recognize it themselves and even if they have professed to disclaim it. ’ Note that this statement has been criticized by Fridman. This is because this idea of consent as the basis of agency relationship is contestable because there are circumstances in which the agency relationship exists without the consent of the parties or even against the wishes of either one of them or even both of them. See for example Phibbs v. Boardman (1965) 1 All ER pg 849. In that case, the defendant who was not appointed as an agent but acted as one and made secret profits was compelled by the court to yield over the secret profits to the beneficiaries. This shows that some of the obligations of an agent are imposed by the law regardless of the agreement of the parties. There are other instances in which agency relationship is not by consent but by operation of law. Examples are agency of necessity and a deserted wife’s right to pledge the husband’s credit. AGENTS DISTINGUISHED FROM PERSONS IN SIMILAR CIRCUMSTANCES Agent and Trustee An agent and a trustee occupy similar position. Both the agent and the trustee deal with the property for and on behalf of another person. Whereas an agent deals with the principal’s property, a trustee does so, on behalf of the beneficiary. As a result, both of them can affect the legal position of the person on whose behalf they are acting. An agent can sell and transfer the principal’s property to a third party. A trustee can also transfer the trust property to a third party. Just as a principal can trace, in agency, his property in the hand of a thirdh, party, a beneficiary can also trace his trust property in the hands of a third party in trust elationships. A trustee is a fiduciary and an agent is also a fiduciary. They both occupy a fiduciary position. Therefore, an agent must not make secret profits just as a trustee. An agent and a trustee must not act in a way that will conflict with their duties. The following are however the major areas of distinction between the agent and the trustee. Whereas a trustee i s the legal owner of a trust property, an agent is not a legal owner of the principal’s property. Secondly, an agent can always represent the principal within the scope of his property. On the other hand, a trustee does not represent the beneficiary in the same way as the agent represents the principal. Thirdly, agency relationship to some extent is based on consent. A trustee and beneficiary relationship is not necessarily based on consent between the trustee and the settlor. Again, the relationship of principal and agent arises largely as a result of the manifestation of consent. Therefore, an agent normally creates a contractual relationship between the principal and a third party. Agents, Servants Independent Contractors All these people are engaged to act on behalf of another person. A master has a right of control on how a servant should carry out his duties. This right does not exist in the case of an independent contractor or possibly in the case of an agent. Note however that this control test in relation to servant, agent and independent contractor has been criticized to distinguish between the position of an agent and that of a servant. The essential distinction between an agent, servant and independent contractor is one of function. An agent is engaged to make contracts and to dispose the property of the principal. Truly, the duties can overlap in a single situation. This is because a single person can act both as a servant and an agent while being an independent contractor. A single person may perform the duties of these 3 categories. AGENT AND BAILEE A bailee is a person who has possession of goods from or for the owner of the goods for a specific purpose. The concept of bailment overlaps with that of agency especially where the agent receives possession as a factor or a mercantile agent. CREATION OF AGENCY Formalities There are no formalities required for the appointment of an agent and this has been adequately or succinctly put by Lord Cranworth in Pole v. Leask ‘No one can become the agent of another except by the will of that other person. His will may be manifested in writing or orally simply by placing another in a situation which according to ordinary usage of mankind that other is understood to represent and act for the person who has so placed him. ’ An appointment for example could be sending goods to an auctioneer or broker. Capacities The general rule is that both the principal and the agent must be capable of acting as principal and agent. This is governed by the general rule of contract. However, see what Lord Denning said in the case of Shepherd v. Cartwright (1953) 2 All ER page 608 particularly page 618-619 where he said ‘The appointment by an infant of an agent has always been void. ’ Incidentally, the same Lord Denning retracted in a later case of G v. G (1970) 3 All ER pg 546 at 549. It was held that: ‘An infant could appoint an agent to pay maintenance for the support of his illegitimate child, since that was a lawful act for him to do and one which he could be compelled to do. Where the principal suffers from mental disorder, the general rule is that the contract is nevertheless binding on him unless he can prove that he was so insane as not to know what he was doing and that this was known to the other party. See the case of Imperial Loan Company v. Stone (1892) 1 QB pg 599. Note however that in the case of Young v. Toynbee (1910) 1 KB pg 215, the insanity of the principal was held to terminate his agent’s authority automatically, a lthough the agent was not aware of the insanity. OBLIGATIONS OF AN AGENCY RELATIONSHIP Duties of an agent An agent having accepted to be an agent, has certain duties to perform. Such duties may arise from: The agreement he has entered into with the principal From the fiduciary nature of the agency relationship By and large, the following are the duties of an agent. Performance Where the agency is a contractual one, an agent must perform what he has undertaken to perform under the contract. This means that the agent is duty bound to carry out the contract that he has made to the principal. This is governed by the rule of contract. See Turpin v. Bilton (1843) 5 M G at pg 455. In that case, an agent was appointed by conduct to insure the principal’s ship. He failed to do so and the ship was lost at sea. It was held that the agent was guilty of a breach of contract and therefore, he was liable. It must be noted however that an agent is not bound to perform an illegal undertaking or a transaction which is null and void either at common law or under statute. See Cohen v. Kitttel (1889)2 QB d at pg 680. In that case, an agent was asked to take a bet for the principal. He failed to do so. The principal sued him for non-performance. It was held that betting was illegal and so the agent was not liable for breach of contract. Where the agency relationship is non-contractual, that is to say, where it is gratuitous, an agent is not obliged to perform the undertaking at all. It has been argued that in such an instance, the agent will not be liable for non-performance or failure to carry out his duty towards the principal. See Ibadan City Council v. Odukale (1972) 8 SC 128. The question has always been whether the agent of a gratuitous relationship is obliged to inform his principal of his intention not to perform. Prof. Powell for example in his book ‘Law of Agency’ concludes that there is a duty on the agent to inform the principal within a reasonable time and failure to do so will give rise to a liability in negligence. Note also that where an agent is instructed to buy specific goods, it is his duty to ensure that the goods supplied are in accordance with the specification. See Oto Hamman v. Senbanjo (1962) 2 All NLR pg 139. Obedience The agent must act in accordance with the authority which has been given to him by the principal. Such authority may either be express, implied or usual/customary authority. Within the usual or customary authority are duties that are general in such situations or the custom of a particular trade. These are called business customs, usages or instructions. The paramount consideration where there are no express instructions, usage or business custom to guide the agent is that the agent will have some discretion as long as he acts for the benefit of the principal. See Bonsor v. Musicians Union (1955) 3 All ER pg 518. An agent must keep within his authority and he must not disregard the instructions of the principal, even if this will benefit the principal. See Bertran Armstrong v. Godfrey (1830) 1 KNAP pg 301. In that case, an agent was instructed to sell stock at a certain price (85 pounds or more). He waited until the price came up to 85 pounds which was the price he was instructed to sell but he decided to wail further for a higher price. The price came down. He was held liable for not selling at the price he was instructed to sell. Note however that where the principal’s instructions are ambiguous, the agent may not be liable if he did what he considered to be reasonable and what he thought will benefit and interest the principal even though the principal never intended the act. Care and Skill An agent must perform his undertaking with due care and skill. All agents owe this duty to their principal whether the agency is contractual or gratuitous. Nevertheless, a distinction is usually drawn between the standard of care to be observed in each case. A gratuitous agent is only bound to display or show such skill as he in fact possesses. See Giblin v. McMullen (1868) LR pg 317. In that case, an agent who was acting gratuitously made a mistake when acting for his principal as a result of which the principal’s property was liable to forfeiture and was seized. It was held that the agent was not liable to the principal since he had exercised the same care and skill in respect of his property. On the other hand, a contractual agent must display or show the degree of skill which an agent in his position will usually display. Again, this distinction has been criticized by Prof. Powell in his book ‘Law of Agency’ at pg 304. The question is whether it is fair to hold a gratuitous agent liable for any lack of reasonable care not amounting to gross negligence. See Omotayo v. Ojikutu (1961) All NLR pg 901. Non – Delegation (personal Performance) The general rule is that an agent must perform his undertaking personally. The relationship of principal and agent is a confidential one. The rule is expressed in the Latin maxim ‘delegatus non potest delegare. ’ Therefore, the employment of a sub-agent by his agent is a breach of his duty to the principal unless he has been permitted either by law or by the agreement of the two parties. See Allan v. Europa Postal Services Ltd. (1968) 2 All ER pg 575. It must be noted however that there are certain exceptions to the general principle of delegatus non potest delegare. These include: The agent can delegate where the act is purely ministerial and not involving confidence or where it involves the exercise of discretion. Where the principal has expressly authorized the agent to delegate his power. Where the power to delegate can be implied from the circumstances of the case. See De Bussche v. Alt (1878) 8 Ch Div pg 286 An authority to delegate may and should be implied where the usage of the transaction permits it. Where the authority to delegate is derived from a statute or legislation. Respect of Principal’s Title or Estoppel An agent cannot deny the title of his principal to goods, money or land in his possession on behalf of his principal. The possession of the agent is the possession of the principal for all purposes including the acquisition of title under the statute of limitation. Note however that there are circumstances in which an agent may be able to refuse to assent to a claim by his principal to the principal’s title to property which are in his possession. E. g. if a third party is entitled to the property in question, the agent may set up the title of such third party i. e. us tertii, provided that the agent is defending on behalf and by the authority of the third party or if he has handed the property to him i. e. if he has already settled with the actual owner. Note however that an agent must not have knowledge of the adverse claim (the third party’s claim) at the time of taking possession. If he knows, then, he cannot setup the adverse claimant’s title against the pri ncipal. Duty to account An agent must pay over to his principal all the sums received by him on behalf of his principal. See Blaustein v. Maltz Mitchell (1937) 2 KB pg 142. This means that an agent must always keep his principal’s property distinct from his own and keep proper account of such property. See Ogbonnaya N. Godwin v. The Christ Apostolic Church (1998) 12 SCNJ pg 213 at 215. In that case, the appellant was a pastor in the respondent church. He supervised all the branches of the church in 2 eastern states and lived in a property which belonged to the Church in Enugu as his personage. He was dismissed in Nov. 1979 after serving the church for about 17 years. He refused to vacate the residential premises and was ejected by a court order after the determination of a suit for his ejection. In that action between the parties, the High Court made findings of fact to the effect that the appellant was an employee of the church. In this later action, the church as the plaintiff claimed against the appellant to render an account and hand over to the church several items of property which were alleged to be in his possession by virtue of his appointment and an account of all monies standing to the credit of the church in 2 named banks and in the personal custody of the defendant and/or his treasurer as at the 29th Nov. 979 and payment over to the plaintiff of the balance so found. The church also claimed against the defendant an injunction for him to stop parading himself as a pastor. The defendant denied being an employee of the church and being in possession of any of the properties of the church. It was also his contention that he was not an accounting party. The High Court held that the appellant was an accounting party who ought to account to his employer i. e. the churc h, but however, held that the issue of whether the appellant was an employee of the church from 1962 to 1979 was res judicata. The church appealed to the Court of Appeal against the judgment and the appeal succeeded to the extent that the defendant was ordered to render account to the church in respect of the two bank accounts. The Court of Appeal affirmed the findings of the High Court that the appellant was an employee of the church and that he had a duty to account to the church for all the properties and money in his possession in respect of his stewardship. The appellant’s appeal to the Supreme Court was dismissed. The Supreme Court held inter alia that: ‘It is the duty of every agent to keep the money and property of his principal separate from his own and that of any person. The right of a principal to have such an account rests upon the fiduciary relationship existing between him and the agent which term includes any person who acts for another in the capacity of deputy, steward, rent collector or any other agent or trustee. It is the first duty of an accounting party to be constantly ready with his account. The defendant/appellant in this case had not shown any willingness to do so. He neglected to do so. ’ Fiduciary Duties (Fidelity or Good Faith) An agent stands in a fiduciary relation to his principal and as such he must act in good faith and must not allow his interest to conflict with his duty. E. g. he must not make secret profits. The position of an agent who makes secret profit was considered at length by Lord Denning in Phibbs v. Boardman (supra). In that case, the defendant (solicitors) were treated as having acted as agents of a trust even though they were not appointed and it was held that some profits made by them when dealing with the trust property should be yielded over to the beneficiaries even though they had not acted dishonestly. Lord Denning said: ‘it is quite clear that if an agent uses property with which he has been entrusted by his principal so as to make profits for himself out of it without his principal’s consent, then, he is accountable for it to his principal. ’ The same rule applies when an agent makes use of a position of authority or when he uses information or knowledge so as to gain money for himself. The courts had held that such position of authority, information or knowledge is part of the property of the principal. It must be noted that even when the agent is not paid, he must not make secret profits from his position. See Turnbull v. Garden (1869) 20 LT pg. 218. In that case, an agent who was employed without commission to purchase an outfit for his principal’s son obtained a discount on the purchase but he charged the principal with the full price. It was held that the principal could not be compelled to re-imburse the agent more than the agent actually spent. The court further held that the agent could not make secret profits from the transaction. See also A. G. v. Goddard (1929) 98 LJKB 743. In that case, a police sergeant took bribe to conceal criminal offences. The court held that the money he took was an illegal profit. Similarly, in Reading v. A. G. (1951) 1 All ER 617, a soldier used his uniform to get drugs illegally through a police barrier. For this trouble he was bribed by a large amount of money. It was held that as he was acting illegally, he was bound to hand over his profit to the crown. Note however that if the principal knows about the agent’s secret profits and consents or does not object, then the agent is entitled to keep the profit. Duties of the Principal Remuneration Under a contractual relationship, the principal is bound to pay remuneration he has promised to pay the agent by agreement. Where the remuneration is expressly stated, the principal is bound to pay such remuneration once the agent has discharged his obligations under the contract. In case there is no express remuneration under the contract agreement, such remuneration may be implied into the contract agreement. The court will consider the language of the contract or any usage or custom of the business in determining whether such an implied term can be read into the contract agreement. It could also be shown that the agent was acting gratuitously such that the principal is not bound to pay him remuneration. See Taylor v. Brewer (1813) 1 M S 290. In that case, the agent agreed to accept such remuneration as should be deemed fit. The court held that the agent was not entitled to any remuneration under the agreement. This decision has been criticized by Powell in his book: Law of Agency. See also Bryant v. Flight (1839) 5 M W 14. In that case, the agent agreed to work for the principal in these terms: ‘The amount of payment I am to receive, I leave entirely to you. ’ The agent worked for 6 months and it was held that it was implied in the agreement that the agent was to get something for his work. Thus, he was able to recover a quantum meruit. Liability for remuneration arises only when it is earned i. e. it is only when the agent has been the direct or the efficient and effective a cause of the event upon which occurrence the principal has agreed to pay the agreed remuneration that liability to pay it arises. Therefore, if the agent has not been either direct or effective cause of that occurrence, then, the liability to pay the remuneration does not arise and the principal is not liable. In other words, the agent must have brought about the event leading to the payment of remuneration. The agent must show not only that he has achieved what he was employed to do, but also that his acts were essential to the bringing about of that result and not merely incidental to it irrespective of any express or implied agreement to pay remuneration. See the dictum of Eales CJ in Green v. Bartlett (1863) 14 CBNS 681: ‘If the relation of buyer and seller is really brought about by the act of the agent, he is entitled to commission although the actual sale has not been effected by him. ’ In that case, the agent was employed to sell a house at an auction but he failed to get a purchaser at the auction. A person X who was present at the auction asked the agent for the owner of the house and the agent told him. X then proceeded to enter into a contract or agreement directly with the principal. It was held that the agent was entitled to his remuneration. Note also that in order to find a legal claim for commission, there must not only be a causal relationship but also a contractual relationship between the introduction and ultimate transaction of sale. On this, see Toulman v. Millar (1887)58 LT 96. In this case, an agent was employed to find a tenant for a house. He actually found one but the tenant went ahead and bought the house. The agent asked the principal for remuneration but it was held that he was not entitled to any. Note that there may be no liability to pay remuneration even if there is an agreement to that effect and even if the agent has obtained what the principal wanted if any of the following occurs: If the transaction is illegal If the agent acts in breach of his duties e. g. where he has made secret profits. If the agent is guilty of negligence in the performance of his duty. If the agent is guilty of a misconduct. Indemnity This duty may be express or implied and the extent of liability for indemnity depends on the nature of the agreement between the principal and the agent and also on the ground of the business, the agent in order to make his principal liable in indemnity must have acted within the express, implies or usual authority. There is also no duty to indemnify an agent who acted unlawfully or who is in breach of his duty or who has acted negligently. Daron v. Fitzgerald (1840) vol. 6 B and NGS pg 201. THE SCOPE OF THE AGENT’S AUTHORITY The scope of agency authority determines the liability factor between principal and an agent in a contractual relationship. It also determines and delimits the authority of agency. By agent authority is meant the exact nature and the extent of the power possessed by the agent. This is the key feature of the agency because it involves the power of an agent to affect the principals laegal relation to the third party. This power flows from authority conferred by the principal or deemed to exist by law. It logically followed that, the principal is therefore bound by the Act of the agent, if what the agent has done was authorised by him. If the Act is not authorised by the principal, then of course, the principal is not bound. See the case of BISIONI Ltd V. NATIONAL BANK of NIG Ltd. There are four major categories, these are; Actual or Real relationship Apparent or ostensible authority (ESTOPPEL) Presumed authority (operation of the law) Authority by ratification. ACTUAL OR REAL AUTHORITY There is consent between principal and agent. This is so because there is consensus ad idem. It can be created in different ways : It may arise by parole (oral) It may arise by written or express form It may be created by deed (under seal) Where an agent is appointed to execute a deed, that agent must be appointed under seal. Therefore, the agency under actual or real authority may therefore e categorized under express authority, implied authority and usual or customary authority. When it is expressed, the terms are written or spelt out; it must be unambiguous, unequivocal and definite. An agency authority may also be implied from the position or conduct of the principal to the agent. An agency authority may also be usual in the sense that customs that are usual to the trade. Hence, authority may rise from such customs. OSTENSIBLE/APPARENT AUTHORITY This is predicated on estoppels. Estoppel simply means that where a party made it clear to the other party that a particular fact exists, he cannot make any other point to nullify the fact that he actually said so. Where the principal represents to a third party in a way that he had acted to the agent, the third party is made to believe that there is authority on the agent. Before a defense can be made three things must be made clear: There must be representation by the principal to the third party. The third party must have relied on the representation. The agent must have altered his own position i. e. he must have offered something. On the principle of apparent or ostensible authority i. e. authority by estoppel, see MABEL AYANKOYA 8 ORS V. AINA OLUKOYA ANR (1996) 2 SCNJ 292. The appellants were the 1st respondent’s customers while the second respondent was the 1st respondent’s clerk. Consequent upon the introduction of the second respondent to the appellant by the 1st respondent, the second respondent got money from the appellant but failed to supply beer to the appellant. The appellant sued the 1st and second respondent to recover their money. The Supreme Court held that if a person represents or permits it to be represented that another person has authority to act on his behalf, he will be bound in the same way as he would be if that other had in fact authority to act. This is based on the legal principles of estoppel and holding out. The court further held that the law always allows one man to authorize another to contract for him and bind him by an authorized contract. The legal effect is that he who does an act through another is deemed in law to do it himself. PRESUMED AUTHORITY This is the 3rd category, it can also be called authority by law like the apparent authority, and there is no consent on behalf of the principal for the agent to act for him but by what the law says. There are two categories of presumed authority: Agency of Necessity Agency of Co-habitation Agency by necessity occurs when the agent acts outside the authority of the principal if he is able to prove that he was necessitated to do so. Agency by co-habitation can be categorized into 3: Agency of a wife: in this type of situation, the husband will be liable only for goods that are necessaries and this would occur in a domestic establishment. Agency of a deserted wife—same thing applies. Agency of a mistress—same thing applies until co-habitation ceases. AGENCY BY RATIFICATION This is such that the principal was not aware that someone was acting on his behalf but at the time he knows, he accepts or ratifies. This is ratified into subsequent authority and antecedent authority. Certain elements must be present: The principal must be in existence as at the time the agent purportedly acted on his behalf. KELNER v. BAXTER The principal must be ascertained. The principal must be capable and competent. The principal must be aware of all material facts. The act must be of legal quality. It must be done within reasonable time. A major effect is that the moment the principal ratifies, the agent drops out of the relationship and the principal and 3rd party have known each other. A limitation is that it can’t take place where a particular interest has been directed. DISCLOSED PRINCIPAL AND UNDISCLOSED PRINCIPAL. A disclosed principal is the one whose existence had been revealed to the third party by the agent but whose exact identity remains unknown. The third party knows that the agent is contracting for someone who is unaware of the name of the principal. Whereas a named principal is the one whose name has been revealed by the agent to the third party and the 3rd party is aware that the agent is contracting as an agent and also knows the name of the person whom he was acting for. An undisclosed principal on the other hand is the one whose identity and existence is unknown to the third party. The third party does not know the identity of that principal neither does he knows that the agent was acting on behalf of another person. In the case of a named/disclosed principal, the third party knows that he is contracting with someone through the agent and not the agent personally whereas in the case of an undisclosed principal, the fact that the agent was acting for someone else is not revealed to the third party until after the contract had been made and it is only at this time that the third party discovers if he ever willed that an agency relationship capable of affecting his position is n existence. EFFECT OF AN AGENT ACTING FOR A DISCLOSED PRINCIPAL Contractual ability: The general rule is that where the agent has entered into a contract with the third party on behalf of a disclosed principal who actually exists and who had authorized such agent to make such a contract, the principal can sue and be sued by the third party on such contract. In this type of case/ there is a direct contractual relationship between the principal and the third party by the act of the agent. At the completion of the contract, the agent drops out of the picture and is not himself a party to the contract. The contract is between the principal and the third party. This position has the following implications in agency law: : The principal can sue the third party and the third party can also sue the principal. Please note that in this instance, the agent must have acted within the scope of his authority. An agent will be taking to be acting within the scope of authority if he has express, implied or real authority, he has apparent authority, he has presumed authority (where agency is created by necessity), if the agent’s unauthorized acts were validly ratified. If the agent was acting beyond his scope of authority i. e. actual, apparent or presumed, the principal cannot sue neither can he be sued upon such a contract. This is because the principal is not bound by an unauthorized act of the agent.

Doctor Visit with Troubling Symptoms (ESL Dialogue)

Doctor Visit with Troubling Symptoms (ESL Dialogue) Some Troubling Symptoms Patient: Good afternoon. Doctor: Good afternoon. Have a seat. So, what have you come in for today?Patient: Thank you. Im feeling ill, Ive got quite a bad cough, but I dont seem to have a fever. Doctor: I see. How long have you had these symptoms?Patient: Oh, Ive had the cough for two weeks, but feeling ill just these past few days. Doctor: Are you having any other problems?Patient: Well, Ive got a headache. Ive also had a little bit of diarrhea. Doctor: Do you produce any phlegm when coughing?Patient: Sometimes, but its usually pretty dry. Doctor: Do you smoke?Patient: Yes, a few cigarettes a day. Certainly no more than a half a pack a day. Doctor: How about allergies? Do you have any allergies?Patient: Not that Im aware of. Doctor: Does your head feel stuffy?Patient: Yes, for the past few days. Doctor: OK. Now lets have a look. Could you please open your mouth and say ah? Key Vocabulary symptomsto feel illcoughfeverto have a coughheadachediarrheaphlegmto coughallergystuffyto feel stuffy More English for Medical Purposes Dialogues Troubling Symptoms - Doctor and PatientJoint Pain - Doctor and PatientA Physical Examination - Doctor and PatientPain that Comes and Goes - Doctor and PatientA Prescription - Doctor and PatientFeeling Queasy - Nurse and PatientHelping a Patient - Nurse and PatientPatient Details - Administration Staff and Patient More Dialogue Practice - Includes level and target structures / language functions for each dialogue.

Individual research brief Essay Example | Topics and Well Written Essays - 1250 words

Individual research brief - Essay Example Most of the company clients are famous and reputable restaurants, but it has not been selling to the general public as yet. Because the company has strong hold in the market of France, UK and Austria they would start their research from the same place. This would help them have a better understanding of what the general public is expecting from the product and what opinion they have about the restaurant quality of food that is on the list of Farina supplies. A research has to be conducted in the similar manner, the higher management of the company has decided to hire a team which could help them undertake the research and provide them with a research brief. They have had conversation over the phones and email correspondence which have highlighted the main research objectives. These research objectives would enable to target the right area and right target. Along with the target audience it will also help the researchers to find the methods they would adopt and what are the financial and procurement requirements for the research. In the end they would briefly explain their expected results and how long would they require to complete the research brief. The main objective of the paper is to observe and examine the attitude of the customer towards using Olive Oil at homes. It will give a wholesome view of the olive oil market along with the consumption of the product by the household and other users (Writings, 2014). The main objective have been divided further into three simple parts. The first part of the objective is to examine how oil are used in domestic settings, and what are the customer requirements. The objective to establish the understanding that how many households are using the product and how satisfied are they. It will also discover what kind of olive oil they are using and would also generate results of the expected product from the makers. The second part of the objective is to

Peace and Justice Essay Example | Topics and Well Written Essays - 1500 words

Peace and Justice - Essay Example However, the escaped Jews had to face even tougher situations in the burgeoning Europe. There were mass killings and tortures. Thus, by the 1880s, Jews from Russia and rest of Eastern Europe returned to Palestine and started settling there. Soon, the Jews started movements to establish a nation state for the Jewish people in Palestine. Jews claimed that the land was their historical homeland and Arabs were against it. It took very little time for violence to emerge. As Tessler points out, though Jews were allowed an independent nation thereafter, Arabs still opposed the Jewish nation, thus, Israel remains in constant conflict with Palestine and other Arab nations (67). A lot has been done to solve the conflict; though the steps were hardly successful. The first effective step came from the United Nations through the recommendation that Palestine should be split into three parts; the one with Jewish nation, the second with Arab state, and an International zone that would comprise equa l numbers of Jews and Arabs. However, the problem with the plan was that the proposed Jewish land would contain a large number of Arabs, and the proposed Arab state would contain a small number of Jews. Moreover, Jerusalem and Bethlehem were to come under the control of the United Nations. Both of the sides were against the proposed division because Jews disliked the idea of losing Bethlehem and Arabs were against the idea of an independent Jewish nation-state. Moreover, Arabs were worried about the large numbers of Arabs who would get trapped in the proposed Israel state. Soon, the Partition Plan was put on vote in the UN General Assembly on November 29, 1947. While 33 nations supported the division, 13 nations were against the plan. Another 10 nations preferred not to vote. However, Palestine and other Arab nations in the near vicinity were strongly against the plan. So, they approached the International Court of Justice with the claim that the United Nations’ decision to p roceed with partition was against the wishes of the majority of the inhabitants of the troubled area. However, International Court of Justice made a decision against the appeal. Soon, violence erupted and grew uncontrollable; and no other nation resorted to intervene. Regardless all this violence, on May 14, 1948, the independent State of Israel was declared. Since then, violence goes on disturbing the peace of the land. However, this does not mean that efforts were not made to ensure peace in the area. Another set of serious talks began in the beginning of 1990s when Israel and Palestine Liberation Organization (PLO) started negotiations in Oslo, Norway. As a result of the talks, Palestine officially recognized the existence of Israel. Also, it was decided that the Palestinian Authority (PA) would be the official governing institution for Palestinian communities. Also, Israel allowed PA to administer various regions of the West Bank and Gaza Strip. In addition, Palestine was helped in developing its own social structure with a police force, legislature, and other governmental institutions. In return, Palestine Authority was supposed to develop tolerance for Israel within the Arab community. However, the mere fact is that there is terrorism that grows in Palestine, and a consequent rise in intolerance towards Palestine in Israeli population. As a result, attacks and deaths have become a common factor even now. According to

Marx’s Theory of Alienation Essay Example for Free

Marx’s Theory of Alienation Essay Marx used the ‘theory of alienation† to expose what he claimed as a highly exploitative, unfair social relationship existing in a capitalist system which effectively divides society into two opposing groups. He argued that this unfair social relationship came into being because of the â€Å"concept of private property† which, according to him, refers to a situation where the means of production (such as factories and plants) are owned by private persons. This private ownership of the means of production gave birth to the two antagonistic social classes: â€Å"the property owners [or the capitalists] and the propertyless workers. † (Alienation, n.d.)   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   According to Marx, here lies the first alienation of the workers in a capitalist society. The capitalists own the means of production and the workers have only their labor to sell so that they could survive. Using the plants and factories at their disposal, the capitalists utilize the labor of the workers to enrich themselves by producing â€Å"surplus value† or profit. What worsens the situation for the workers is the fact that capitalists, in order to increase their profit or maximize their surplus value, are disposed to keep wages to the minimum, often barely enough for workers to live a humanely comfortable life. Needless to say, the lower the wages paid to workers, the greater the profit for the capitalists. (Alienation, n.d.) This led Marx to assert that under the capitalist system, the only way to go is for the workers to become poorer and for the capitalists to grow richer. He cited the fact that in capitalist societies, there is an ever increasing number â€Å"in the ‘working poor’ families who remain mired in poverty although every family member works, often more than one job †¦ [because] the wealth of the few depends on the poverty of the many.† (Introduction, n.d.) In other words, capitalism, according to Marx, was tailored so that capitalists who control the means of production should get rich and the workers, whose labor produce the coveted surplus value are shamelessly exploited.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Then the workers are alienated â€Å"from the activity of working† itself.   Marx claimed that workers in a capitalist society do not work because they want to, or enjoy what they do. Neither do they work to improve their lot nor to create a happier, more humane society. Rather, they work simply because they have to earn in order to live. In other words, Marx said that they are â€Å"forced† to work – implying that workers in a capitalist society are far from being happy individuals who have no control even over the course or objective of their labor. The decision rests solely on the capitalists who have already acquired control over their labor after paying for it. Since the only goal of capitalists is more profits, their only objective, therefore, is to utilize labor to gainful undertaking regardless of whether their enterprise benefits society or endangers it. Marx declared that â€Å"If greater profits can be made with weapons than with hula hoops, then that is where they will invest their capital.† In this context, workers who are anti-war are compelled to produce war materials. (Alienation, n.d.) Marx also suggested that in a capitalist society, people are alienated from one another. He argued that workers are not only â€Å"forced† to work under any conditions and for whatever purpose in order to survive they are also kept separate from one another, pitted against each other. This is because in their desire to live, they have to compete for work. In their craving for a comfortable life, they have to practically elbow each other out for better-paying jobs. It is not only workers who are being alienated from their fellow workers. Capitalists also turn against other capitalists in their quest for profit and power. Marx said that this never-ending competition for jobs and profits â€Å"favors the most ruthless, at other times the most opportunistic or well-connected.† In fact, Marx insinuated that this rat race which characterizes life in a capitalistic society is the start of the process of the dehumanization of man. Their failure to shape society according to their needs, their desires, and their concept of civilization, completes the process because this ability to create the kind of society that they want is what distinguishes man from the lower forms of animal.   (Introduction, n.d.) References Alienation. (n.d.). Order #32797436 attachment. Introduction. (n.d.). Order #32797436 attachment.

I Wanted to Share My Father’s World Essay -- Literary Analysis, Jimmy

Although single parenthood is on the rise in homes today, children still often have a father role in their life. It does not matter who the part is filled by: a father, uncle, older brother, grandfather, etc...; in almost all cases, those relationships between the father (figure) and child have lasting impacts on the youth the rest of their lives. In â€Å"I Wanted to Share My Father’s World,† Jimmy Carter tells the audience no matter the situation with a father, hold onto every moment. As Carter opens the poem, he tells how at this point in his life, he still has this essential want for things his own father presented him growing up. In the beginning, he expresses he has this â€Å"†¦pain [he] mostly hide[s], / but [that] ties of blood, or seed, endure† (lines 1-2). These lines voice how he longs for his father and just how painful it is without him at his side. In addition, he still feels â€Å"the hunger for his outstretched hand† (4) and a man’s embrace to take [him] in† (5). Furthermore, Carter explains how this â€Å"pain† he â€Å"feel[s] inside† (3) are also due to his â€Å"need for just a word of pr...

Promotional mix Essay

Element of the promotional mix for innocent smoothies may include this such as: Advertising is used to communicate with the public about their products and services, this can be expensive and businesses must ensure that they spend their advertising budget carefully methods include: moving image, print, ambient such as advertising on buses, digital and audio. Sales promotion is used to encourage customers to purchase your products or for distribution channels to stock your goods . methods are: price promotion (discounts), coupons, competitions, money refunds, loyalty incentives. Personal selling is when a representative of the company interacts directly with a potential customer using skills called closing a sale. Methods are: face to face, telephone, email, and video or web conferencing. Public relations are activities a business carries out to place information in the media without paying for it directly activities might include: exhibitions, sponsorship and press relations Direct marketing is when a business communicates directly with a customer, establishing an individual relationship between the business and the customer, methods are: direct mail, mail order catalogue, magazines and telemarketing. Advertising is used by innocent most effectively than other methods of the promotional mix, methods of advertising they use is they have links with popular children’s websites such as ‘club penguin’ , Innocent also put adverts on the TV. Another method of advertising Innocent use is that they sell magnets along with their smoothies this is effective as it appeals to their target audience. Innocent use advertising most effectively out of the promotional mix as they appeal to their target audience. Innocent use advertising as they are a new company who need recognition so their TV adverts are memorable and funny and they show their personality this links to matching their target audience well with how they advertise. Innocent use sales promotion effectively as they have used promotions such as the free magnets ad club penguin deals, as if they are linked with things such as club penguin people who use club penguin will be more likely to buy their pouts as I benefits them and linking with a big business like Disney which runs club penguin means that it helps appeal to more of their target audience, while giving them a better image and giving them a funnier personality. The innocent website ad Facebook page work effectively with their sales promotion as it uses fun ad games to promote their products while appealing to their audience at the same time. Innocent also use other methods of the promotional mix such as public relations. Innocent use this to get more sales for example inviting the press to a release of a new product so that they report about it and notify the public this will then help increase their audience ad gain more customers. The press an affect the sales a business makes as if they give a bad review and the company gets bad press they will lose customers instead of gaining them. This is effective because customers can get an unbiased opinion of the products, however it is a risky element of the promotional mix as the product/ company might get a bad review and loose customers but if the public like the product then it will gain sales. Elements of the promotional mix that innocent do not use: Things such as direct marketing and personal selling are not used as effectively by innocent because they sell straight to the store such as Tesco or a wholesaler because it keeps their products staying fresher, they will sell more as they will become more reliable as they are always in the shops unlike Avon which you have to wait weeks until you get your product and chose your products and thy well have a wider customer base, this is why they use advertising so effectively as It continues to get their items bought from the wholesaler. An example of personal selling is a car salesperson persuading you to buy a car, innocent do not use this as it would not be worth it, as they would have to pay for a person to sell the products and they would have to sell a lot before they make a large profit. A person would also have to walk around all day with the produce in the heat which can affect the produce. Innocent don’t use direct marketing as they sell their goods to big supermarkets and they don’t have to sell to the customers so it’s up to the supermarket to tell the customer about the products and deals etc. The promotional mix is used well by innocent as their adverts help get them customers and raise awareness of their brand, and appeal to their target audience. Innocent don’t use direct marketing or persona selling as they don’t sell to the customers personally they sell it to supermarkets instead or the wholesaler. Once they have sold their products to the wholesaler or  supermarkets they no longer will have to sell their produce however they do have to still advertise as they need the customers to want to buy their products from the supermarkets etc. so then the supermarket will continue to stock their brand. They use the distribution channels the way they do to make sure their products stay fresh for the customer and they are kept in good condition and by selling to supermarkets before the customer it will help show their brand to a wider audience and help increase awareness of their brand. The promotional mix used by innocent is appropriate because it has worked and their business is expanding and getting larger, they also have a reliable customer base in England which will help them if they decide to sell in America. This is because they have advertised their business a lot and because of their uses of advertising this means they have a wider audience which ranges from children to adults and any gender.