The Duties Owed by Agents to their Principals May or May not be Essay

The Duties Owed by Agents to their Principals May or May not be Dictated by the Express Terms of the Contracts Between them - Essay Example (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. De Busccche v Alt (1878) 8 ChD 286 in Reddy, J., & Johnson, H. (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. Headley Byrne & Co ltd v Heller & Partners Ltd (1964) AC 465 in Reddy, J., & Johnson, H. (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. Robinson v Mollett (1875) LR 7 HL 802 in Reddy, J., & Johnson, H. (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. Solley v Wood (1852) in Reddy, J., & Johnson, H. (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. Turnbull v Garden (1869) 20 LT 218 145 in Reddy, J., & Johnson, H. (2011). Q & A Commercial Law 2011-2012. Oxon: Taylor & Francis 6th ed. Turpin v Bilton (1843) 5 Man & G 455 in The Law of Agency, The Law of International Trade and Carriage of Goods. Accessed 2 Nov 2011 Watteau v Fenwick [1893] 1 QB 346 in University of London External Programme Accessed 2 Nov 2011 Weigal l& Co v Runciman & Co (1916) 85 LJKB 1187 in Munday Roderick and Munday R.J.C. LJKB 1187 Agency; Law and Principles (2009) Oxford, Oxford University Press The duties owed by agents to their principals may or may not be dictated by the express terms of the contracts between them Agency is an exception to the doctrine of privity in a contract in that a principal is bound by all acts of his agent by virtue of an agreement between him and the agent. Both law and specific terms of contract between them govern the duties owed by agents to their principals. Although a contract of agency is subject to the same rules as in any other contracts, there are certain terms implied such as fiduciary relationship between the principal and the agent which gives rise duties owed to the principal by the agent and rights he can exercise against the principal. In addition, a type known as ‘commercial agent’ also is subject the Commercial Agents (Council Directive) Regulations 1993 pursuant t o European Union Law dealing with termination of agreement in respect of self-employed agents who arrange contracts for the sale or purchase of goods. As per these regulations, a duty is cast on the agents to act ‘dutifully and with good faith’ which term cannot be contracted out by a separate contract between them. Even in the case of gratuitous acts of an agent where there can be no contractual obligations, the agent has fiduciary duties which cannot be avoided merely because of lack of consideration. He will also be liable under torts. In Watteau v Fenwick (1893), hotel owner was held liable for the price of cigar bought by the manger who had been instructed not to buy other than mineral water and beer. This decision is still controversial since the agent acted against the instructions though the supplier assumed that the manager was the owner (Reddy & Johnson, 2011) (Sealy, Hooley, & Hooley, 2008). An agent’s duties regardless of the contractual terms between him and the principal are as follows. Duty to obey All lawful instructions of the principal must be obeyed by his agent. He should not also exceed his authority. This is applicable to both paid and gratuitous agent categories. However, if the instructions are not

Writing Experience Essay Example | Topics and Well Written Essays - 500 words

Writing Experience - Essay Example The essay "Writing Experience" presents the story about the writing experience. The author tells that he started developing the art and zeal of creative writing at the tender age in elementary school. He could learn and practice writing using anything that could draw or make simple lines.I could sit at my desk in school and trace out simple letters on gray papers that afterward smudged when I engaged eraser harshly on the paper. My conscious was vivid; I wanted to emerge the best creative writer in Kindergarten class. I believed in creative writing. It had taken control of my thinking, and I remained at its mercy.My desire to excel in creative writing grew in me throughout the years in school. I developed the zeal to write better-compared to authors in the vast number of books, which I read. I had become jealous of other creative writers. Each day, I could write many times and compare my work with other notable authors. I was so passionate about writing better than the existing liter ary scholars that my mother had to intervene. Mother informed me that if I could engage my soul in writing, I would be the most famous literary writer than authors of the books that I read. Henceforth, I believed in the company of my soul in writing an appealing and understandable literature. I trusted in my mother’s words and later came to the realization that human mind has the power of letting words flow naturally during writing. I also learned that I would have the most interesting and convincing voice in my literary works.