Monday, May 25, 2020
The, Hills Like White Elephants, And A Good Man Essay
Have you ever read a book and had to read it again because you did not know what the heck it means? Have you ever thought the book was all a figure of speech? A metaphor is a figure of speech and for the books ââ¬Å"Metamorphismâ⬠, ââ¬Å"Hills like White Elephantsâ⬠, and ââ¬Å"A Good Man is Hard to Findâ⬠all reoccur a metaphor threw out the pages. These books discuss a reoccurring theme of metaphors by their hidden metaphorical message that will make a reader read again to understand the book. The metaphors that reoccur in the story are outraged for ââ¬Å"Metamorphismâ⬠, abortion for ââ¬Å"Hills like White Elephantsâ⬠, and impetuous for ââ¬Å"A Good Man is Hard to Findâ⬠. ââ¬Å"Metamorphosisââ¬â¢sâ⬠protagonist Gregory had a ââ¬Å"transformationâ⬠turning him into an insect which metaphors being fed up or in other words outraged. Gregory has a silent outrage towards his job. He never took an opportunity of being late for his job or doing the easiest trick in the book, calling in sick. With his boss coming in to his house, because of being late to his job once, Gregory became outraged over his boss strict ways. Gregoryââ¬â¢s repetitive life builds up a storm of outrage waiting to happen. Gregory is outraged for doing so much for the family by only sleeping and working most of his life which becomes very repetitive for him. The repetitive sleeping and working will obviously not let Gregory have a social life and outrages him. Gregory feels unaccomplished and it makes him outraged. Working and sleeping outrages Gregory and feels heShow MoreRelatedCompare/Contrast: A Good Man Is Hard to Find with Hills Like White Elephants917 Words à | à 4 PagesCompare/Contrast: Good Man with Hills Currently, a plethora of outstanding stories have been written. What makes a story, though? The answer is the elements that the author includes into his or her writing, such as symbolism and imagery. Hills like White Elephants, written by Ernest Hemingway, and A Good Man is Hard to Find, written by Flannery OConnor, are just two examples of admirable work. Each writer incorporated plenty of elements to improve the story. Since the amountRead MoreEvaluation Argument Hills Like White Elephants1388 Words à |à 6 Pagesï » ¿ Ernest Hemingway: Hills Like White Elephants A white elephant is an idiom for a valuable but burdensome possession, but also it means a rare and sacred creature. In Ernest Hemingwayââ¬â¢s short story Hills Like White Elephants, Hemingway uses an unborn child as a white elephant. This short story depicts a couple of an American man and young women at a train station somewhere in Spain. Hemingway tells the story from watching the couple from across the bar and listening to their troublesome conversationRead Moreââ¬Å"the Lotteryâ⬠and ââ¬Å"Hills Like White Elephantsâ⬠Essay881 Words à |à 4 Pagesââ¬Å"The Lotteryâ⬠and ââ¬Å"Hills like White Elephantsâ⬠Regardless of the type of society people live in controversial topics and cowardly individuals can create conflict. The stories ââ¬Å"The Lotteryâ⬠by Shirley Jackson and ââ¬Å"Hills like White Elephantsâ⬠by Ernest Hemingway implement this concept. ââ¬Å"The Lotteryâ⬠is about a small town that holds an annual lottery in which the winner will be killed. ââ¬Å"Hills like White Elephantsâ⬠is the story of a coupleââ¬â¢s discussion over the decision they must make of whether orRead MoreCritical Analysis of the Short Story ââ¬ËHills Like White Elephantsââ¬â¢ by Ernest Hemingway.1497 Words à |à 6 PagesAnalysis of the short story ââ¬ËHills like White Elephantsââ¬â¢ by Ernest Hemingway. Word Count: 1367 Hills like White Elephants ââ¬â Ernest Hemingway ââ¬Å"Will Jig have the abortion and stay with the man; will Jig have the abortion and leave the man; or will Jig not have the abortion and win the man over to her point of view?â⬠(Hashmi, N, 2003). These are the three different scenarios that have been seriously considered in Ernest Hemingwayââ¬â¢s short story, ââ¬Å"Hills like White Elephantsâ⬠. Ernest Hemingway is aRead MoreHills Like White Elephants By Ernest Hemingway1446 Words à |à 6 PagesErnest Hemingwayââ¬â¢s short story ââ¬Å"Hills Like White Elephantsâ⬠explores the topics of abortion, sex before marriage, and feelings of separation. There are many different points of view one can take on Hemingwayââ¬â¢s work. The main literary analysis that will be explained is the significance of the title and how it is layered into the story in various places. In addition to this, the narratorââ¬â¢s point of view will also be discussed since it plays a role in bringing the characters together. Lastly, it willRead MoreEssay On Abortion In Hemingways Hills Like White Elephants900 Words à |à 4 Pagesââ¬Å"If she chooses the barren solution, the girl knows that she will never again have a chance at choosing happinessâ⬠(Teaching the Culture of Life: Hills Like White Elephants). ââ¬Å"Hills Like White Elephantsâ⬠goes in depth on a relationship where one partner wants an abortion and the other is questioning the abortion, the relationship, and their future together. Jig is confronted with a life altering decision. She can have the abortion and try to stay with her partner in a dry and barren relationshipRead More Comparing Hills Like White Elephans by Ernest Hemingway and Babylon Revisited by F. Scott Fitzgerald1562 Words à |à 7 PagesComparing Hills Like White Elephans by Ernest Hemingway and Babylon Revisited by F. Scott Fitzgerald At first glance it seems that the two short stories ââ¬Å"Hills Like White Elephantsâ⬠by Ernest Hemingway and ââ¬Å"Babylon Revisitedâ⬠by F. Scott Fitzgerald have absolutely nothing in common other than beingRead MoreHills Like White Elephants: My Interpretation of the Play Essay examples1329 Words à |à 6 PagesThis short story is about a couple arguing about abortion. The girl, Jig, does not want to, but the American man says that it is the only thing between them. The girl wants to continue on with her life of exploring the world with the addition of the baby, but the man says that it would take the world away from them. The man has experience in this, but the woman seems not to. She is reluctant, and does not want to talk about it any more after a point. There are many elements in the story, such asRead MoreThe Hills Like White Elephants1143 Words à |à 5 PagesAfter reading ââ¬Å"The H ills like White Elephants,â⬠I discovered that there are a lot of interpretations that could be made to accompany this story. The story takes place at a bar across from a Spanish railroad crossing. The story states that there is no shade or trees, and that the hills are white. The story does not provide a plethora of information on the characters, it rather just jumps right into the story, leaving a lot to the imagination on how they got there. I do believe that this is done onRead More Comparing Male and Female Relationships in Cat in The Rain and Hills Like White Elephants by Hemingway1039 Words à |à 5 PagesComparing Male and Female Relationships in Cat in The Rain and Hills Like White Elephants by Hemingway This relationship is examined closely in two short stories. The stories, Cat in The Rain, and Hills Like White Elephants, both show a man and a woman in what seems to be a quiet and passive moment. However in both stories, Hemingway carefully uses imagery and subtlety to convey to the reader that the relationship in the story is flawed, and is quite clearly dysfunctional. Both male characters
Friday, May 15, 2020
Effective Communication in the Workplace Essay - 1220 Words
Communication Barriers in the Workplace Communication barriers in the workplace can have a serious effect on the functioning and of an organization. In the following article we shall understand what some of these communication barriers are and how to overcome them. Ads by Google Improve Communication Our NLP Training Program Helps You Overcome Your Fears. Enroll Today! www.EasyNLP.com/ Conflict Management How much is conflict costing you? Assessment, Training, Coaching www.StrategicLeadershipCoaching.com Cultural Communication Know Cross-Cultural Communication Etiquette From Terri Morrison! www.KissBowShakeHands.com Communication is the key to most problems in the world. And problems, they follow you everywhere. Soâ⬠¦show more contentâ⬠¦With globalization, there is bound to be cultural diversity in the workplace, and while we know the intercultural communication, it could also lead to communication barriers. Several factors such as religion, body language, personal space, status and hierarchy, gender roles and personal appearance are influenced by the culture that one belongs to and this could lead to miscommunication at many fronts. Overcoming communication barriers in the workplace is not possible if one does not know what is causing them. To avoid further problems of miscommunication, one should understand the importance of communication in the workplace and strive to achieve it. Only then can one hope to eradicate the problems in the workplace and achieve a healthy and successful working environment. By Rujuta Borkar Published: 10/5/2010 Ads by Google Employee Communications Display Charts, Memos, Issues Better Motivate your Employees TheMarlinCompany.com Effective Communication Tips For Effective Communication. The Latest Hot Topics! www.LifeScript.com Give feedback to anyone write short, civil, anonymous notes that everyone can read www.fastnote.com Verizon Best Price Online Business Fast Internet As Low As $24.99/Month Free Equipment! Verizon.com/SmallBusiness How To Resolve Conflict A Valuable Tool to Resolve Conflict Try Our Free Online Course Today VolunteerMinisters.org PCI - Management Training Leadership andShow MoreRelatedEffective Workplace Communication1336 Words à |à 6 PagesListening and Effective Workplace Communication James Humes, a former presidential speech writer, stated that, the art of communication is the language of leadership (Leading Thoughts, 2010). Communication is an essential process that is common in the workplace.à Everyone in the workplace especially leaders must communicate with others.à Ideas, conversations, disagreements, and commitments can all be exchanged through communication.à Anyone can communicate but it takes discipline and skillsRead MoreEffective Communication at Workplace3033 Words à |à 13 PagesEFFECTIVE COMMUNICATION AT WORKPLACE Definition of Communication Communication is an exchange of feelings, ideas and information, whether by speaking, writing, signals or behaviors. When a person sends or receives information, ideas and feelings with others, they are not only using spoken or written communication but also nonverbal communication. Effective communication skills are necessary for smooth relations with other people. They can be your family, friends, colleagues or even strangersRead MoreEffective Communication For The Workplace950 Words à |à 4 Pages Someone once said great communication is a skill that is needed in life. I believe great communication can take an individual very far in life. Effective communication helps connect with people. It can open many doors for many jobs. It lets the employer know whom they have hired, and how intelligent the person really is. In the business profession, effective communication enables managers to give understandable instructions to their employees. Effective communication will help state what is expectedRead MoreEffective Communication in a Workplace635 Words à |à 3 PagesEffective communication in a business Studentââ¬â¢s Name: Professorââ¬â¢s Name: Institution: Date of Submission: Describe a time when you experienced effective communication in a business environment. Effective communication involves knowing the audience and using appropriate to communicate the intended message. I experienced effective communication at the workplace whereby the manager delegated the role of decision making to the employees. The manager emphasized that employees were toRead MoreEffective Communication Within A Workplace854 Words à |à 4 PagesCommunication skills are very important no matter where or who you are. Communication within a workplace can determine whether a business or individual is successful or not. Understanding effective communication in a medical setting helps hospitals and doctor offices develop a work environment that is able to communicate effectively with coworker, patients and doctors in order to take of the patients needs. Listening, clarity and Patience are three main keys to effective communication within aRead MoreEffective Communication in the Workplace Essay1300 Words à |à 6 PagesEffective Communication in the Workplace The workplace is an environment where more and more Americans are spending significant portions of their time. In fact, 25 million workers reported spending at least 49 hours a week at work, (Schabner, 2013). This means that having effective communication in the workplace is becoming increasingly important. Not just to improve business practices, but to improve the quality of both employer AND employee satisfaction. Effective interpersonal communicationRead MoreWorkplace Literacy and Effective Communication1270 Words à |à 6 PagesWorkplace Literacy and Effective Communication Recently, there has been a poorly written communication in the workplace, which has led to some hurt feelings, lower morale and possible loss of business. As a corporation, we have worked very hard to maintain the synergy though out our work environment. These latest events are starting to compromise multiple aspects of our company. First, we are losing control and perspective of our colleagues. Camaraderie and atmosphere are suffering, placing usRead MoreEffective Communication Strategies For Workplace1221 Words à |à 5 Pages Effective Communication Strategies for Workplace Conflict Tanya Schankel ORG300 ââ¬â Applying Leadership Principles Colorado State University ââ¬â Global Campus Dr. Anne O Bryan June 14, 2015 Effective Communication Strategies for Workplace Conflict Got Conflict? You are not alone. Conflict is a natural part of our lives. It can occur anytime and anywhere, but it is especially prone to raise its ugly head in the workplace when working with a team. We all have unique differences based on ageRead MoreEffective Communication Within The Workplace1848 Words à |à 8 Pagesorganisational communication; it is the communication that happens within the organisational, whether it is face to face communication or video conferences communication. It is important to note that if organisations do not communicate the right information, in the right way, to the right people, at the right time, this could create problems and have an impact on the level of effectiveness and efficiency. In essence, there is therefore a need for effective communication within the workplace. If thereRead MoreCommunication For Effective Leadership At The Workplace859 Words à |à 4 PagesCommunication for Effective Leadership Everyday in the workplace a person must interact with others in various forms of communication to complete their day. A leader must be able to strategically communicate with their employees, as well as overcome any communication barriers, in order to achieve a high-performance rate in the workplace. An example of a scenario that requires diplomatic communication, in my case, is a loss of work ethic amongst team members. Communication Strategies Communication
Wednesday, May 6, 2020
American Foreign Policy American Civilization Progressed
Until the end of the twentieth century Americas policy towards war was to stay neutral. We stayed out of other governments battles and we avoided war. The United States did not force our ideals on any foreign governments. The US did not want to be the bully who forces countries into having freedom and independence. This noninterventionist America, devoted to solving its own problems and developing its own civilization, became the wonder of the world. People were compelled to come to this wonderful country and share in the freedoms it enjoys. Between 1898 and 1919, trade and cultural exchange flourished, as American civilization progressed and we became an economic powerhouse. American traditions in government were broke with theâ⬠¦show more contentâ⬠¦President Woodrow Wilson called for a war in Germany to make the world safe for democracy. (McKinley). This would be an effort to establish principles for all nations to follow, which could be otherwise referred to as Am erican principles. The world needed to be made safe for all and the threat of constant war and the taking away of peoples liberties led the US to enter the war. Wilson was worried that if the US did not get involved in the war then Germany would win and be a threat to the Western Hemishphere. Americans feared that the British navy would be destructed and this would pose a threat to the USs security (America). During this time America felt as though they needed to prove to the world that their way of governing was the best and should be the only way. The spread of democracy was a major priority for America. We wanted the world to share in our ideals, which would eventually benefit the US. I feel as though the US was acting in their own interests. The important issues were that the US was secure and had a stableShow MoreRelated Americas Policy Towards War Essay examples837 Words à |à 4 PagesAmericas Policy Towards War Until the end of the twentieth century Americaââ¬â¢s policy towards war was to stay neutral. We stayed out of other governments battles and we avoided war. The United States did not force our ideals on any foreign governments. The US did not want to be the bully who forces countries into having freedom and independence. This noninterventionist America, devoted to solving its own problems and developing its own civilization, became the wonder of the world. People wereRead MoreAmerican Imperialism Then and Now: Diffusion of the American Culture1337 Words à |à 6 Pagespart of the American identity. Finding the new was important to a growing country in the early 1800ââ¬â¢s. St. Jean de Crà ¨vecoeur described the American as ââ¬Å"a new man, who acts upon new principles; he must therefore entertain new ideas, and form new opinionsâ⬠(Crà ¨vecoeur 3). Manifest Destiny, a term popularized by John Oââ¬â¢Sullivan, describes the social push by the United States to span its boarders from east coast to west coast. This would indoctrinate people all across the U.S. in the ââ¬Å"American Wayâ⬠, whichRead MorePresident Franklin Delano Roosevelt s Impact On Human Society1298 Words à |à 6 PagesThe forces of nature are strong. Wind, water, earth, and fire all have the power to raze mountains, carve canyons, and even alter civilizations. Even now, people fear that a giant earthquake will destroy a large part of America. However, there is another force that has an impact on human society that is greater than all the other parts of nature combined, people themselves. Every individual has goals and most people try to reach their goals. Some are big; some are small, but almost all goals requireRead MoreJapan: A Modern Day Nation Essays1445 Words à |à 6 Pageswar, and from possessing military power other than the minimum necessary to defend the nation. This, along with the Reverse Course. This helped Japan move more towards a modern democracy by having its foreign policy based around its relationship with the US, which set Japan as a beacon of US policy in Asia (Goto-Jones, 97). Joint to Japanââ¬â¢s progression with modernity through history is the new found knowledge and technology that developed. When the Westerners arrived with their technology of theRead MoreThe Nations Within Our Nation Essay1435 Words à |à 6 PagesWithin Our Nation Native Americans within the United States are the aboriginal population of the land. America was not a vacuum domicillium (empty landscape) when explorers arrivedââ¬âthat was just a statement tool used to justify the mass genocide and conquests that occurred after colonization (Welch 9). There were millions of Native peoples that populated this land with preexisting political structures and tribal relations of their own. In today s time, the Native American people are not fully freeRead MoreComparative Essay1096 Words à |à 5 Pagesââ¬Å"Heart of Darknessâ⬠takes place in the Belgian colony in Congo, in the heart of Africa. This colony was set in order to extract ivory from animals such as elephants or rhinoceros. But there was another important aim: carrying the light of European civilization, ââ¬Å"civilized the savageâ⬠. On the other hand, ââ¬Å"Apocalypse Nowâ⬠is set during the Vietnam War, in Nung River in Cambodia. United States became involved in the conflict because its policymakers feared the spread of communism. China and much of EasternRead MoreThe United States And Foreign Policy Essay4400 Words à |à 18 Pagesargued that after the First World War, American hegemony led a path for a liberalized world, where cooperation and harmonious institutions unit the world. However, the United States historically has never been this type of hegemonic leader. Rather from their conception as a nation they had a foreign policy which isolated them from foreign affairs of the world, from President Washington to President Glover no president had initiated a war that was not on American soil or for their state s survival.Read MoreFdr : Champion Of Freedom2814 Words à |à 12 PagesBased on the life, domestic and foreign policies, presidency, and overall influence of Franklin Delano Roosevelt, Black believes Roosevelt to be one, if not the greatest Chief Executive in American history. Rooseveltââ¬â¢s many accomplishments as President of the United States ensure his place in American history. He transformed the American nation into the modern welfare state known today, enabling the United States to better care for its citizens. Roosevelt led American opinion from profound isolationismRead MoreEssay on Plowing New Soil with World Agriculture2585 Words à |à 11 PagesPlowing New Soil with World Agriculture Since agriculture began to be developed nearly 10,000 years ago, people throughout the world have discovered the food value of wild plants and animals, and domesticated and bred them (Early Civilization). Today, people go to the market or grocery store to pick up cereal, rice, bread, meat, fruit, vegetables, and olives. People hardly ever think of where the food generally comes from. Most of the food that is found in the grocery store wouldnt beRead MoreImagine a land, untouched by modern civilization, its resources untapped, its plants grow wild and3300 Words à |à 14 PagesImagine a land, untouched by modern civilization, its resources untapped, its plants grow wild and its animals roam free. It is the last Ice Age, and much of the planetââ¬â¢s water supply is locked up in sheets of ice spanning across the globe. A land bridge by the name of Beringia has emerged from the depths of the Bering Sea, and what was once a foreign land is now the setting for thousands of years of discovery, settlement, and the birth of the country we now call the United States of America. The
Tuesday, May 5, 2020
Application of Principal Agent Relationship
Question: Discuss about the Application of Principal Agent Relationship. Answer: Introduction An agency is a type of a relationship that exists between two individuals. That is the agent and the principal. The primary purpose of the agent is to create contracts with a third party on behalf of the principal (Adamson, Morrison, 2016). In any case, a third party could be an employee or just an independent contractor. For example, in a supermarket, the cashier executes transactions on behalf of the supermarket. Actually, the customer doesnt enter into the contact with the cashier, but the contract is the between the customer and the supermarket. This study examines two different cases. In the first place, the study would look at a case where a de facto relationship is presumed to create an agency. The second one is an analysis of a case where an employee drags the employer to a case through apparent authority. This issue takes us to the root of the agency by presumption. Stone in (Stone, 2005) explained this agency as the agency that arises wherever a man and a woman are living together in a household. In (Campbell Dennis, 2009, p 56) the study found that two parties can create an agency by presumption or cohabitation. This type is agency exists through presumption that if a man and a woman are living in a de facto relationship, the woman is presumed to be an agent and can pledge the mans credit for necessaries. The same case would work for Rodney and Penelope. Rodney would be presumed to have the authority from Penelopes in acquiring the house necessaries so that both of them can keep up with their social status. Notably, necessaries are things like food, medical attention, and clothing. All things considered, these are mainly things that help in keeping their familys social status standing (Miss Gray Ltd .v Earl Cathcart, 1922). Another point to note is that the presumption of the agency only exists in the cases of cohabitation but not in marriage. After all, there is also a chance for invalidating this agency. For example, the husband can refute the authority if he expressly Had forbidden the wife from pledging credit. Had warned the supplier from supplying the goods to the wife. If wife already had sufficient supply of the goods earlier The wife had be provided with enough allowance to purchase such goods When the order was in excess even though it was necessary. However, if the husband had been paying for the bills to one supplier, the presumed agency of the wife will withstand and the only chance to escape liability is expressly warning the supplier. So to avoid paying for this $2500 microwave, Penelope should have warned the supermarket. So he doesnt have a choice rather than just pay. Adams Suing MODO after Dismissing the Lease A contract formed by an agent with a third party is as binding as when made with the principal under the doctrine of apparent authority (Carper, McKinsey, West, 2007). The same case applies to MODO sending Tim to search for an office but instead he exceed to acquiring a lease agreement. The main issue here is that Tim represented MODO to Adam, he made Adam believe that he has been sent to represent him in all the matters including entering into a contract. Apparent authority can be actual, expressed or implied, Plus, it could also happen by estoppel. Concerning this case, this study will lean towards apparent authority, the authority that Tim had and misused to an extent of drawing MODO to the case. Markedly, if it happens that the third party will rely on that representation; its no doubt that the principal will then be bound by any of the actions of the agent. So, MODO would be bound by the lease agreement, and this is because Tim made Adam believe that the Tim was there on behalf of Modo. In (Doncaster Metropolitan Borough Council v Racing UK Ltd, 2005), the court ruled that Mr Sanderson had apparent authority to bind the council the the contract. The case applies to MODO, Tim had apparent authority to bind MONDO to the agreement. For the sake of efficiency in transaction, there would be a demand to overlook the limits to express or implied authority. In other words, the law of agency should not be limited to only cases where the principal and agent relationship exist formally on the basis of either explicit or implied instructions. This one is the exact need to have apparent authority to substantially decrease the costs that would arise if inquiries have to be made to the principal every time a transaction is needed that where its terms are not included with the actual authority (Jones, Sufrin, 2016). However, the understanding of apparent authority has been battling with the misconduct of the agents. There are instances where an agent through apparent authority has committed fraud or mistakes drawing the principal into the suit. Nevertheless, the courts have always reasoned to prevent the misconduct of the agent from enrichment and fraud as in In (Skandinaviska Enskilda v. Asia Pacific Breweries, 2011). In this case, the Court quashed the reasoning that the defendants finance director had apparent authority to undertake the money that the plaintiff had given him. Role Of Apparent Authority To Establishing The Scope Of The Agents Power To Bind The Principal With Third Parties The agents action can totally bind the principal to a third party even though the apparent authority is not bona fide express or implied (Baze, 2015). The main reason is that the law of agency functions in the scope where trust in transactional activities is paramount. In the modern business world, the primary purpose of agency relationships is creating an efficient way through which a corporation can function and enter into business contracts. As a result, the law of agency has evolved to create the concept of apparent authority. This doctrine enables an agent who seems to have authority the capabilities of binding the principal, and in particular where the third party enters into a contract with the agent believing that the principal conferred such authority to the agency. This reasoning was held in (Ermoian v. Desert Hospital, 2007) where the court held that In the medical context, vicarious liability has been extended to a hospital entity under a theory of ostensible agency for t he acts of nonemployee physicians who perform services on hospital premises For instance, a case can happen where agent wont be authorized to sell an item on behalf of the principal. However, prior to the principals withdrawing the authority to sell, he had been allowing his agents to act for him by selling, including selling to the third party. Also, the third party has the knowledge that the principal had been allowing the agents to sell in the past. This past conduct deprives the third party a chance to an assumption that the agent doesn't have the authority to sell. In such a situation, a proper conclusion is that there is no actual authority for the agents to sell, but there may be authority due to the previous conduct of the principal in allowing them to sell. Apparent authority can arise in the cases where an agency relationship expired, but the third party doesn't have such knowledge. It can also arise after the termination or limitation of actual authority, yet the principal didn't communicate effectively (Kleinberger, 2008). Still, an apparent authority may occur even where there has been an established agency relationship forged between the agent and principal. In law, ostensible authority originates from estoppel (Ghaly, Wilken, 2012), but there are still substantial differences to distinguish the two. The concept of apparent authority allegedly comes into force to protect third parties. A valued explanation of this point is derived from (Bevans, 2007, p. 29) where the study stated that when a principal creates an impression that someone is empowered to act on his or her behalf, when, in reality, that person has no such authorization, the courts will intervene and supply the missing elements of the agency relationship. Courts have created the doctrine of apparent authority in order to prevent principals from escaping the obligations that they have created. Under this theory, a principal will be bound by the authority that he or she apparently transferred to the agent, even if this transfer was never actually completed. In the establishment of estoppels that would aid in apparent authority, the law would require the following reasons. The first one is a representation from the principal by words or conduct that the agent has authority. This fact was applied in (Rama Corp Ltd v. Proved tin General Inv. Ltd, 1952). In this case, the court laid out all the fundamentals that lead to the apparent authority using the concept of estoppels. By and large, the court provided that three features for the apparent authority to exist. In (Baskind, 2015), the law require the principal to make the representation either by word or conduct contemplated to be acted upon, proof of reliance, and change of the legal position of the third party. The second one is that the principal must make the representation to the third party. Thirdly, the third party must prove that it relied on the misrepresentation hence it entered into the contract. After establishing the three conditions, it would be no doubt that the principal w ill be estopped from disputing the agency. Ultimately, its vital to note that the appearance of authority must have arisen from the principal's previous conducts. That is to say; no agent can create a representation without the principal's previous conduct and expect to bind the principal to the dealing as held in (Sigma Cable (Pte) Ltd v NEI Parsons Ltd, 1992) Concussion The purpose of this paper was to simplify the main principles of apparent authority. The goal was to outline of the creation and aspect of the said authority to bring out a better understanding. Therefore, there is always a need for agents to act with diligence and credibility to maintain their good relationship with the principal. Also, it can help in preventing the burden of cases when the third party sues the principal. References Adamson, J., Morrison, A. (2016). Law for Business and Personal Use (19th ed., p. 387). Cengage Learning. Stone, R. (2005). The modern law of contract. London: Cavendish. Campbell, D., Dennis, E.C. (2009). International Agency and Distribution Law: Lulu Enterprises Incorporated. Carper, D., McKinsey, J., West, B. (2007) Understanding the Law. Cengage Learning Doncaster Metropolitan Borough Council v. Racing UK Ltd EWCA, Civ 999 (2005) Ermoian v. Desert Hospital 61 Cal. Rptr. 3d 754 (Cal. Rptr. 3d 754 ,2007) Rama Corp Ltd v. Proved tin General Inv Ltd, 2 QB 147, (1952) Skandinaviska Enskilda v Asia Pacific Breweries, 3 SLR 540. (2011) Sigma Cable (Pte) Ltd v NEI Parsons Ltd, 2 SLR 1087 (1992). Miss Gray Ltd V Earl Cathcart (1922) 38 TLR 562 Jones, A., Sufrin, B. (2016). EU competition law (6th ed., p. 753). Oxford, United Kingdom, UK: Oxford University Press. Baze, D. (2015). Common Law Of Agency. Supplemental Chapter For Oklahoma Real Estate Principles, 9. https://dx.doi.org/405-361-4602 Kleinberger, D. (2008). Agency, partnerships, and LLCs (3rd ed., p. 34). New York, NY: Aspen Publishers. Ghaly, K., Wilken, S. (2012). The law of waiver, variation and estoppel (3rd ed., p. 329). Oxford: Oxford University Press. Bevans, N. (2007). Business organizations and corporate law (3rd ed., p. 29). Clifton Park, NY: Thomson Delmar Learning. Baskind, E. (2015). Commercial law (1st ed., p. 176). Oxford University Press.
Subscribe to:
Posts (Atom)