LAW OF AGENCY The law relating to agency in Kenya is contained in the Factors Act 1889 and the common law as modified by the doctrines of equity. Agency may be defined as a legal relationship that exists between a person called the agent is considered by law to represent another known as the principal in such a way as to affect the principal’s legal position in relation to 3rd parties. It has also been defined as a relationship where a party expressly or implied consents that the other should
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1. INTRODUCTION Agency is a fiduciary relationship created by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine
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THE NATURE OF AGENCY RELATIONSHIP The need to appoint another person to perform one act or another on one’s behalf assumes greater proportion daily. This is so because of the rapid economic developments that has taken place in the recent years. A party may want to do many things but because of lack of time or expertise‚ he is compelled to appoint another person to act on his behalf and whatever that other person does will be binding on him. The question is: ‘Who is an agent?’ An agent is one who
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TOPIC THREE: LAW OF AGENCY * Nature and Creation of an Agent * Duties of an Agent to his Principal * Duties of a Principal to his Agent * Termination of Agency Contract NATURE OF AGENCY What is an agency? Section 135 of Contract Act 1950: “Agency is the relationship which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others.” There are two types of agency contracts:- 1. Contract between principal & agent
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Topic: Law of agency Summary of Facts: Company Star Boat employed Tom as the manager for marketing and sales department. Being an agent for Star Boat‚ Tom frequently concluded contracts with a number of suppliers for acquiring certain parts to manufacture boats. Smooth Sailing was one of the suppliers. Tom resigned from Star Boat in July 2012 upon being offered a better position in Star Ferry. However‚ he acquired 4‚000 parts from Smooth Sailing in August and manager of Smooth Sailing did
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Writing Assignment 1 – Negotiator Directed by F. Gary Gray‚ “The Negotiator” is a suspenseful action thriller based on a real case experienced by police in St. Louis. In a desperate attempt to prove his innocence‚ a skilled police negotiator accused of corruption and murder takes hostages in a government office to gain the time he needs to find the truth. Rational choice theory is the criminological approach that retains classical theory’s view of free will but recognizes that circumstances
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This case comes under Law of Agency. Agency Law is concerned with any “principal‚ agent and third party” relationship; a relationship in which one person has legal authority to act for another. Agency involves three parties : • Principal – Mr. Smithfield • Agent – U.K. Rail • Third Party – Pig resort/Care Centre Agency relationship may arise in five ways and one them which arise in this case is “Agency Of Necessity” and the requirements are : • Genuine necessity – there was a delay in delivering
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WHAT IS THERE TO KNOW ABOUT CHEMISTRY ? 1) Matter – anything that has mass and occupies space 2) Laws/Theories- mathematical statements of behaviour of matter 3) Properties- characteristics that describe matter; use to determine its usefeulness (a) Physical- properties which can be observed/measured without a change in the composition of the substance (b) Chemical – properties which can be observed/measured only after a change in the composition
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Law of Agency WHAT IS AN AGENCY? Sec 135 of Contract Act‚ agency is the relationships which subsists between the principal and the agent who has been authorized to act for him or represent him in dealings with others. WHO CAN BECAME A PRINCIPAL OR AGENT? Any person who is 18 years old and above and who is of sound mind may be principal. As between the principal and third persons‚ any person can became an agent. BUT persons of unsound mind and who are below 18 years are not liable towards their
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Bits of What You Probably Should Know of 401 (k) Plans --- The term 401 (k) is one that is heard quite often in today’s. Most people know that it has something to do with retirement‚ but few young people know exactly how 401 (k) plans work or why they are becoming more and more popular. Additionally‚ many people who have 401 (k) plans may not know all the details of how they work‚ how to get the most out of their plan‚ and how to keep their money safe. In reality‚ everyone in the business world
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