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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Research has come up with variousRead MoreDetermine Leadership Style1390 Words   |  6 PagesDetermining Leadership Styles BD LDR/531 30 August 2010 Determining Leadership Styles One of the most important tasks any business leader must undertake is a personal assessment. An honest inventory of skills, strengths and weaknesses of a business leader can give insight into those areas that need improvement as well as those that can be acceptedRead MoreEssay on Annotated Bibliography: Leadership1362 Words   |  6 Pagesunsuccessful political leadership.  Journal of Personality and Social Psychology,  103(3), 489 -505. http://library.gcu.edu:2048/login?url=http://search.ebscohost.com.library.gcu.edu:2048/login.aspx?direct=truedb=pdhAN=2012-19403-001site=eds-livescope=site In this article the authors have conjectured up some features of the psychopathic condition (e.g., fearlessness, interpersonal dominance) which are adaptive in certain occupations, including leadership positions. The theory was tested in the 42Read MoreLeadership And Leadership Styles Than I Learned1645 Words   |  7 Pagesmore about leadership and leadership styles than I knew before I started my learning experience with LIB 100, LIB 341, MGT 345, LIB 312, LIB 380 and PA390. Most importantly, I learned a lot more about my own leadership style and how I’m perceived as a leader from my employees at work. I used the PA390 leadership assessment questionnaires and exercises with my team at work, their feedback and responses have helped me provide some insight and learn more about my leadership values and style. These exercisesRead MoreThe Concept Of God And Religion Essay1692 Words   |  7 Pagesconstructions. Greenleaf’s Servant leadership has been a popular philosoph y since the 1970s, but it has generally lacked a testable set of constructs. A step towards concretization of the philosophy occurred when Spears (1995) put forth his 10 aspects of servant leadership. 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Therefore in the development of my project I have come up with three models and two theories which will help me developRead MoreThe Ideal Qualities of a Leader Essay2619 Words   |  11 PagesIntroduction Leadership is a topic that has been widely studied and worthy of great interest because of its impact on both individuals and society as a whole. Exactly what constitutes a strong leader is a topic of debate. The term may conjure images of victorious historical figureheads such as Julius Caesar or Genghis Khan, but more subtle examples are found in everyday life, wherever there is group activity. Studies have identified definite styles and theories which define good leadership in any capacity

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