Agency and insurance Law Case Study Example | Topics and Well Written Essays - 1250 words

Agency and insurance Law - Case Study Example Drew and Bev are employed by Kirk as his sales assistant in his business of selling building and decorating supplies and related products hence they are his agent. An agent is a person employed expressly to do any act for another or to represent another in dealing with a third party.The work of an agent is to linking the principal with a third party bringing about a contractual relation between his principal and a third party. (Saleemi, 1992)Eileen runs a large office went to Kirk firm to make a big order of 1000 potted plants. He was served by Drew, one of the sales assistant in Kirk firm. Drew informed her that the price for the potted plant was 20 per plant. Just to be sure about it, Eileen requested to confirm about the price from Kirk, his boss. Kirk told Eileen that he had authority to make such an agreement on his own but he would confirm about this particular order with his boss.Drew went to the back of the office out of Eileen's sight and returned saying he had confirmed the deal with his boss. Drew did not confirm about this order with Kirk since he was on phone but Eileen believed him.Kirk is liable for the contract entered by Drew and he should not escape the contract. Drew as Kirk's sales assistant is presumed that there is creation of agency between them by express agreement. Hence Drew possesses a contractual capacity to make a contract with a third party on behalf of his principal which is binding. Eileen believed that even though Drew had no capacity to make sales agreement for big order, he confirmed about the sale when he visited their premises and Drew confirmed this from Kirk at the back of the shop out of her sight. This case would also be ostensible authority where an employee who has been placed in a position of responsibility mat be assumed to have such authority as normally matches with the position, irrespective of what is his actual authority. For this case, entered into contract with Drew believing that he had proper authority of his employer. So, the employer is liable for the contract. A similar case studied is that of: Watteu v Fenwic, 1893 In this case, a manager of a public house was expressly instructed by his employer to order all hotel requirements through him. In breach of these instructions, the manager ordered some cigars and other goods from the plaintiff. It was held that the owner of the public house was bound by the manager's act because it matches his position. (Emanuel, 2004) Advice to Kirk Kirk might not be liable for the contract if Drew as an agent acted on the contract by exceeding his authority. If for example there is an agreement during creation of agency that the agents have only authority to make sales agreements not exceeding a certain quantity, then Kirk might not be liable. Advice to Drew Drew might be liable for the contract if he exceeded his authority while making that contract. A breach of implied warranty of authority arises when a person exceeds his authority. In this case the principal is not under no liability on the contract and the agent becomes personally liable for the breach of implied warranty of authority to the third party. It is immaterial for this purpose that Drew (agent) believed himself to have such authority. Case II Wendy was a manufacturer of table saw and she approached Bev to make an offer to sell table saws for 400 per table saw provided he picked them up from her factory. Bev agreed to Wendy's offer even though he had authority to sell but not to purchase. Ten days after the

Examining a chosen area of media law that relates to the processes or Essay

Examining a chosen area of media law that relates to the processes or business practices involved in magazine publishing - Essay Example This paper aims at discussing the levels to which the law gives such individuals right to privacy. This will be in relation to the right and freedom given to the magazine publishers by the constitution. The intellectual property right is the right given to an individual to control any of his or her intellectual creations. Mostly violation of this right by magazine publishers through publication of these creations without the owner’s permission this may involve the inclusion of photographs a written work by individuals the on the public eye. If a magazine publisher chooses to use any person material without their consent, this would be termed as a violation of intellectual property rights (Phillips & Firth 1999:84). Some of the victims of such violation are photographers, visual artists, and literal creations. If magazine publishers would use images of works by famous photographers without their assent, they would be guilty of violation of this right. However, the magazine can always use these creations by getting in touch with the persons involves and getting either written or verbal assent for the use of these creations. Another form of intellectual property right mostly abused by magazine publishers is the trade secrets. The trade secrets include confidential information that a business or a person uses to get an advantage over their competitors. This information might negatively involve the parties involved if the information gets to the public. A perfect replica of such an incident is one where maybe an artist had a formula or a manner in which he came up with his work. If a magazine publisher publishes this information without the consent of the artist, then the artists’ privacy would have been invaded. The magazine publisher, however, has the right to print this information if the secret of trade violated human rights in any way. The law protects individuals from exploitation just to some limit. Contract law is a section of law that is funda mental for the making of oral and written agreements. These kinds of agreements usually have an association with exchange of goods and services, money, and properties. It entails topics such as the nature of responsibilities, limitation of actions, freedom of contract, privacy of contract, termination of contract and covers also agency relationships, commercial paper, and contracts of employment. In this case, the contract would involve the publisher and the public figure. Such agreement always involves information on the nature of co-existence between the two parties. Magazine publishers sometimes use information about some of the public figures to come up with some of their article. There are cases where the magazine publishers have an agreement of exclusion of some of the information. In such an incidence, it would be a breach of contract if the magazine publishers goes ahead and publishes the information The law of libel protects each and every person from defamation in whatever means. Libels refer to written defamation. This may take place if a magazine publisher decides to publish a story that defames. If it would be proved that the information on the publication is not true, then the publisher will be guilty of defamation. Defamation always takes place as a result of gossip or speculations. When this takes place, the victim usually experiences hatred, shame, disgrace, contempt or ridicule. In some cases, the victim can even experience all the mentioned outcomes. Victims of defamation; however