Preview

The Nature of Agency

Satisfactory Essays
Open Document
Open Document
385 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Nature of Agency
Running head: THE NATURE OF AGENCY

The Nature of Agenc

The Nature of Agency A contract agreement is essential when two or more parties decide to do business. Even though verbal contracts is considered legal, companies or individuals involved in the contract negotiations takes the risk of only hearing what they want to hear. According to the video, The Nature of Agency (Cheeseman, 2010), the question was asked by a partner of Quick Takes Video, how can an employee sign a binding contract with Non-Linear Pro without the authorization from the owners. In the video, the owner of Quick Takes Video informs the salesman to make all arrangement with his employee. At that point, the owner put himself at risk by allowing the salesman to assume his employee has the authority to finalize contracts. As an owner with eight years’ experience in contracts agreements, he should have known not to allow any assumption during verbal agreements. At the very least, he should have made it clear; any final contract agreements can be finalized only by the owners of the company. The video also acknowledges the female employee has some implied authority. Under this concept, the employee understands her role when buying supplies for the company. She should also know, just because she can buy supplies, this does not give her the authority to bind the company into a contract. With this understanding, she should have informed the salesman, whatever agreements made between them; the final contract can be signed only by the owners of the company. During their contract agreement negotiations, the owner of Quick Takes Video had the opportunity to inform the salesman and his employee the limits of his employee’s authority. By not doing so the owner gave the impression to the salesman that the employee had an apparent authority. By misguiding the salesman, the owner gave the impression the employee had implied or apparent authority. As for Non-Linear Pro, to use

You May Also Find These Documents Helpful

  • Powerful Essays

    According to Melvin, 2011 “an agreement may result in a binding contract, whether it is an oral or written agreement between parties”. Big Time Toymaker (BTT) had shown interest in the new strategy game developed by Chou, called Strat. There were oral agreements for exclusive distribution rights, but had stipulations that it must be in writing. There were also emails sent, but a formal contract was never executed. As simple as Melvin’s definition of a contract may seem, certain situations and assumptions made can cloud the situation. In this case scenario, the team will address some of…

    • 1987 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    Bus311 Business Law I

    • 2524 Words
    • 11 Pages

    In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…

    • 2524 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into, some knowingly and even some unconsciously. Buying a car with financing is a type of loan, entering into a new work place, and even getting a haircut is a type of contract.…

    • 552 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Businesses are constantly negotiating contracts with other companies or individuals. According to Cheeseman, 2010, a contract is an agreement that is enforceable by a court of law or equity, and it involves at least two parties. In order to be enforceable contracts must have the following four elements: agreement, consideration, contractual capacity, and lawful object. The first element, agreement, means that in order for a contract to be enforceable must parties must agree. Consideration is what the parties are bargaining for. Money, personal property, real property, provision of services, and such qualifies as consideration (Cheeseman, 2010). The third element, contractual capacity, refers to the capacity that a person has to enter into a contract. A contract cannot be enforce when a person lacked contractual capacity at the time of the contract (i.e. mental illness). The last element refers to lawful object. Contracts can be enforced only when the object of the contract is lawful, otherwise the contract is invalid.…

    • 1037 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    b. Correct. Agency is a relationship, based on trust, between two parties. One party agrees to act on behalf of another; the other party agrees to employ and control the first.…

    • 1223 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    vHarry Frankfurt’s work “Freedom of the Will and the Concept of a Person” discusses the attributes of free will through the concept of first and second order desires. He explains that a first-order desire is a desire to perform an action, and a second-order desire is the desire to perform another desire. When someone wants their secondary desire to become their will and take the place of their first-order desire it is called a second-order volition. Frankfurt’s work centers on how second-order volitions are evidence of free will because free will is only achieved when a person is able to choose which desire to act upon. Frankfurt argues that each second-order volition is an expression of free will and without them a person is left with only…

    • 1281 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Self-Determination Theory

    • 254 Words
    • 2 Pages

    The theoretical frameworks that will be utilized in this study are the Self Determination theory (STD) and the Communication Privacy Management (CPM) theories. Combination of these two theories is effective to understand the pregnant women’s behaviour towards UI. This is because self-determination and communication skill is importance to determine the decision making with regards to self-motivation to look for disease treatment.…

    • 254 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Agent or Employee

    • 355 Words
    • 2 Pages

    (person acting on the principals behalf) agree on a working arrangement in which the agent acts on the behalf of the principal. The Agency is governed by a large body of common law known as agency law (Cheeseman, 2010). In this scenario the local electronic superstore is the principal and Robert is the agent doing the delivering.…

    • 355 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Fate Human Agency N Reason

    • 1478 Words
    • 6 Pages

    The study of Greek Mythology, is one of broadness with a diverse array of narratives dating back centuries, which even today to modern audiences is as captivating and influential as it was centuries ago. When we look at Greek Mythology, we see various themes remaining central to many narratives. Fate, reason and human agency are no exception to this and are dealt with in various ways. The texts which I will use to examine these are as follows the set text: Sophocles: Oedipus the King, as well as the two excerpts: Plato 's Apology and Homer 's The Iliad. These will be discussed below and finally compared in the conclusion.…

    • 1478 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    Business and Consumer Law

    • 17559 Words
    • 60 Pages

    Between Two or more Competent persons: Parties that enter into the contract must have legal capacity – that is they can sue and be sued.…

    • 17559 Words
    • 60 Pages
    Powerful Essays
  • Better Essays

    Do you make your own choices or your destiny has been decided for you by circumstances behind your control? For thousands of years, this question has puzzled philosophers, scientist and anyone who thinks about how they choose to act and live. Part of the complexity of the matter is related to the metaphysical nature of the subject which has a close affinity with the concept of GOD. Some people think that "Everything" that happens in nature and life is predetermined. Morality, love, hate and free will is just an illusion(Ward, 2005) while others think, human beings have an absolute and total freedom to enjoy all the deeds and actions unconstrained by any external forces, fate or divine intervention ( Sadegh, 2011).…

    • 1184 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Agency Theory is defined the branch of financial economics that looks at conflicts of interest between people with different interests in the same assets. This most importantly means the conflicts between:…

    • 547 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Agency Theory

    • 462 Words
    • 2 Pages

    Agency theory describes the relationship between principals (shareholders, investors and owners) and agents (management). Theoretical discussions in business and academia may be a modern phenomena, however the dynamics surrounding agency relationships have been around since the dawn of barter and exchange.…

    • 462 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Agency theory

    • 691 Words
    • 3 Pages

    Agency theory relative to corporate governance assumes a two-tier form of firm control: managers and owners. Agency theory holds that there will be some friction and mistrust between these two groups. The basic structure of the corporation, therefore, is the web of contractual relations among different interest groups with a stake in the company.…

    • 691 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Agency theory

    • 5098 Words
    • 18 Pages

    Agency theory identifies the agency relationship where one party, the principal, delegates work to another party, the agent. In the context of a corporation, the owners are the principal and the directors are the agent. This model of corporate governance and subsequent research focused on resolving conflicts of interest between corporate management and shareholders (Jensen and Meckling, 1976) and has largely adopted an agency theory approach. Key assumption is that the principals and agents are anxious to maximise their own utilities at each others’ expense. As a result, there is almost always a divergence of objectives between the goals of the management and those of the shareholders. Governance seeks to reconcile the interests of principals and agents for the benefit of the company. The maximisation of shareholder wealth is assumed to be the company’s primary objective. One of the major causes for this agency problem is due to the information asymmetries which exist between the two parties. Information asymmetry exists because management are more closely involved in the business and for a longer time than the owners and thus have more information about the business than its owners individually (Aboody and Lev, 2000). A number of mechanisms have been devised to reduce agency problems and negate their impact on firms. There is a need to possess(拥有) incentive and monitoring mechanisms to ensure managers pursue shareholder wealth maximisation and the main focus of governance is the use and usefulness of incentive and monitoring mechanisms Incentive mechanism includes level and structure of remuneration and managerial ownership, and monitoring happened both internally and externally. Jensen and Meckling (1976) suggest that agency problems can be reduced by incurring agency costs, which consist of bonding costs and monitoring costs. Bonding costs are those which are incurred due to the contract between owners and management. Monitoring costs are the…

    • 5098 Words
    • 18 Pages
    Good Essays

Related Topics