2. Per the 5 CFR 575.311(a), an agency must terminate a retention incentive service agreement when conditions change such that the original determination to pay the retention incentive no longer applies (such as when the agency assigns the employee to a different position that is not within the terms of the service agreement) or when payment is no longer warranted.…
v. Duty of Loyalty – Agent must act solely for the benefit of Principal regarding matters within the scope of the agency…
If anyone was to have a problem with the fact that the offer was accepted after the expiration of the agency agreement expired it should be the principle, depending on the situation. While the agreement may have expired the principle may have indicated through her actions that they would like the relationship to continue without signing a new agreement. Without the principle notifying potential third parties that the agent no longer had the authority to bind the parties, the agent was completely within their rights to accept the offer.…
Once Palmer initiated the revocation of Ames’s authority to sell, Ames no longer had the authority to sell Palmer’s goods, even during the unexpired term of the contract. Although Palmer terminated the agency before the set date of the contract, legally he did not have the right, but he did possess the needed power. Therefore, because the authority of an agent is based upon the consent of the principal, the agency is terminated upon the withdrawal of such consent.…
Agency relationship exists between partners as stated under section 5 – a partner has the power to bind the other partners when acting within the normal scope and authortiy of the business. That is, innocent partners may still be liable for the actions of a partner who may have acted in breach of the partnership. Mercantile Credit Co Ltd v Garrod 1962. Disadvantage (D)…
1. Generally, agents are under a duty to obey the lawful and reasonable instructions of the principal. Where the principal's instructions are clear, the agent does not normally have any discretion and must follow those instructions, unless an agent is a professional and the principal relies on the agent to exercise his professional skill and discretion in accomplishing the tasks he has been appointed to accomplish. However, if the principal's instructions are ambiguous or if the agent is not certain as to their meanings, the agent should clarify such instructions with the principal before acting. An agent is obligated to obey promptly and efficiently all lawful instructions of his principal. However, this duty plainly does not include an obligation to obey any unlawful instructions; for example, an instruction not to market the property to minorities or to misrepresent the condition of the property. Compliance with instructions the agent knows to be unlawful could constitute a breach of an agent’s duty of loyalty. The relationship between an…
charge of these agencies. This can include the severing of the government contract, or any other…
Agency is a legally recognized relationship that allows an attribution of one person’s behavior to another. This carryover process is two-sided in that both benefit and burden inure to the parties involved in the agency relationship.…
authority of an agent to do any act that, according to the custom of the community, usually accompanies the transaction for which the agent is authorized to act.…
contract can be fired for good cause, bad cause, or no cause at all. In an at-will situation, either…
Agency relationships occur when one or more of the principals hire an agent to perform a service on behalf of the principals. Agency costs are costs incurred by the owners of a firm when others manage the firm.…
Agency by Ratification occurs when a person entitles himself as agent of another –called the principal- without this other person having a say on it. Only after the principal ratifies his actions the…
2) Termination for convenience clauses are often found in construction contracts, and they grant the owner the ability to terminate a contract at their own convenience, even…
* Termination of the engagement of a contractor, in both cases arising from actual conduct, as described in either the contract’s termination clause or a term arising under statute.…
Answer FOUR (4) questions in the Answer Booklet. Start each answer on a new page.…