...The Nature of Agency Issues Clint Middleton LAW/531 June 10, 2013 Thane J. Messinger, MBA, JD, ALM Abstract This paper will present an analysis of the issues contained in the Nature of Agency video. Quick Takes Video is the defendant in a lawsuit brought on by Non-Linear Pro for breach of contract. Quick Takes Video agreed to a three-month trial of Non-Linear Pro’s editing system that did not meet the expectations of the Quick Takes team or management and did not work how the salesman described it. Hal, the owner of Quick Takes Video returned the system after only one month as it did not perform as guaranteed and therefore did not meet the terms of the lease. Agency “The Restatement (Second) of Agency defines agency as a fiduciary relationship ‘which results from the manifestation of consent by one person to another that the other shall act in his behalf and subject to his control, and consent by the other so to act’” (Cheeseman, p. 459, 2010). The common law theory of one person acting on the behalf of another is represented by the Latin phrase qui facit per alium, facit per se, translated as the one who acts through another, acts in his or her own interests. Contract agency can have multiple players, including the primary, or the person with authority relating to the contract, and agents. Agency can be implied or express. Implied agents draw their powers through implied means. This is usually a power provided through position. This authority...
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...The Nature of Agency within a Business Due to the complexity of a business and the many functions that an owner and/or governing body must handle on a daily basis, it seems quite normal for an employee to be authorized to purchase, order and receive items needed for the business. This vital function allows an individual to act on the owner’s behalf by obtaining supplies and/or merchandise which is needed to supply the company without the continual involvement of the owner. In regards to this paper, the issue that arises is that at what point does an employee become an acting agent of the company, and thus has the authority to make decisions which can affect the business; the example, of course, would be in the case of the Quick Takes fiasco where an employee signed what she believed was a receiving slip but which was in fact a binding legal contract for use of equipment. Acting Agent or Employee with Responsibilities? At the root the problem is whether or not Janet could be considered an acting agent of the company and, as such, can make decisions and/or sign off on binding contractual agreements. As explained in the simulation video by Hal, Janet does have the authority to order and purchase items for the business. Additionally, Janet was also told by Hal to arrange the trial usage of the video editing machine. This statement alone could be construed as giving Janet permission to act on behalf of Quick Takes, regardless of any written document stating this fact. With...
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...PERSONAL DATA SHEET – NBC 461 NOTE: THIS FORM WILL BE FILLED BY THE FACULTY MEMBERS OF A STATE COLLEGE/UNIVERSITY INSTRUCTIONS: 1. FILL OUT THIS FORM ACCURATELY AND LEGIBLY, TYPEWRITTEN OR HANDWRITTEN. REFER TO ATTACHED NOTES FOR DETAILS. 2. FOR ADDITIONAL SPACE, USE THE SAME SIZE OF BOND PAPER. FOLLOW THE SAME FORMAT. |Name: | |Date of Birth: |Sex: Female Male | |Civil Status: | |Home Address: |Tel. No.: | |Mailing Address: |Tel....
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...Hum/ 260 Dq 1 and 2 The statement of activities is basically an accounting of all agency revenues and expenses for the fiscal year. In standard business (and in some sense, to non-profit agencies as well), this statement is called a profit and loss statement. It shows how much profit is left over after all expenses have been taken out. While non-profits do not make a profit in the traditional sense, they can take a portion of revenues and expand the program or purchase new equipment for use within the program. The statement of functional expenses does not represent revenues; only the total expenses incurred (or to be expended) during the fiscal year. They are common broken down in to various categories; program, management and general, fund-raising, and other normal expenditures (such as salaries, benefits, and others standard operating costs). Revenue centers are part of an organization (usually a department) which is responsible for the revenue (incoming cash) for its own department's use. While there may be some monies that cross lines with other functional departments, a percentage is earmarked as earned by a given department. This type of center allows supervisors to actively seek out funds to support their department via grants and other fund-raising operations.An expense center is similar to a revenue center, but departments are responsible for the expenses used to run their department. This allows supervisors and managers to control what expenses are paid out directly...
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...The nature of crime in Australian society is diverse and its occurrence fluctuates over time (Makkai & Prenzler, 2015). This essay will firstly discuss and define the concepts of crime and violence. Secondly, it will define violent crime from a contemporary Australian legal perspective. It will then examine the overall nature of crime in Australia describing its categories and sub categories. Fourthly, the essay will establish the official agencies who collect and collate data that measures the nature and extent of crime in Australia. It will finally use this data and empirical evidence to compare the extent of violent crime with crimes that are non-violent. The essay will ultimately conclude by asserting that the majority of crime in society is not violent in nature. Crime is a complex phenomenon that attracts a variety of definitions (Ransley & Prenzler, 2015). The varying definitions of crime provide broad or limited meanings and are all, to a greater or lesser degree, problematic. This is because crime is socially constructed; thus what is considered a crime, or no longer considered a crime changes over time to comply with the norms, attitudes and expectations existing in society at a given historical period (Brookman, 2005; Howitt, 2012). Violence is also a socially constructed concept that lacks a specific definition (Indermaur, 2000; Papalia, Thomas, Ching & Daffern, 2015), however, in the broadest sense, violence, is typically an action or type of behaviour that...
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...Contract Creation and Management Cheeseman (2010) stated, “Express agency is the most common form of agency. In an express agency, the agent has the authority to contract or otherwise act on the principal’s behalf, as expressly stated in the agency agreement. In addition, the agent may also possess certain implied or apparent authority to act on the principal’s behalf”(p.461). A business owner needs to clearly define the responsibilities and authority that each employee holds. The business owner also needs to clearly state which individuals within the organization have the authority to enter into a contract on the organizations behalf. The author will discuss “The Nature of Agency video” and issues regarding express agency. The Nature of Agency video In the scenario described in “The Nature of Agency video” Non-Linear Pro sued Quick Takes Video for breach of contract on a three month lease agreement. Quick Takes Video leased some video editing equipment from Non-Linear Pro that didn’t operate according to Quick Takes Video expectations. Apparently when the equipment was delivered Janet an employee of Quick Takes Video mistakenly signed a three month lease agreement thinking it was a shipping confirmation request. The management of Quick Takes Video called their legal representative and discovered that it may be reasonable to assume by a third party that Janet had the authority to enter into a contract on behalf of the organization. Authority Within an organization employees...
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...“He better bring his own bucket.” This is how former Central Intelligence Agency (CIA) Director Mike Hayden responded to then-Republican presidential candidate Donald Trump publicly pledging to use torture against terrorism suspects, including the infamous tactic of waterboarding. Hayden is a strong advocate for the CIA’s post-9/11 program of “enhanced interrogation techniques,” a variety of torture tactics, including waterboarding. However, since the CIA officers and contractors employed these techniques, executive order and law now ban their use. Does Hayden’s remark signify a long-term change in CIA attitude towards coercive interrogation techniques, or is it indicative of another lull before parts of the Agency revive the practice?...
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...Cultural Competency Assessment BSHS/422 May 28, 2012 Professor Gaeraths Community based organization are created to assist individuals with services of almost any nature. This essay will discuss the National Association of Child Care Resources and how they provide for the community. It will allow for a brief history, population recognition, services, demographics, mission statements, budget and sources, and the staff/client construction. Our socioeconomic situation today has created hardships for families, individuals, and even communities as whole. With the assistance of such a program, we can explore the nature of the agency and how they provide cultural competency as they deliver much needed services. The National Association of Child Care, to include its supporting agencies is said to be the leader of democracy when it comes to providing services. The NACCRA assists approximately seven hundred bureaus, and these establishments are operated by both state and local authorities. Establishments of this nature afford our American households the opportunities of child care that they can manage. According to NACCRA, (NACCRA) it enhances the plans that increase the value and services of child care specialists, research protocols, and advocate child care policies that definitely influence the lives of children and families (NACCRA, 2011). In the year 1987 they began further cultivation of the already committed program in an effort to increase their...
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...According to the online google dictionary, Advertising is a form, either written or orally, that attempts to sell something whether it is a product or particular view. Advertising takes in the form of pamphlets, radio, television, internet and much more. A common misunderstanding is that advertising differs from marketing, a business practice unto itself. There is a wide variety of ways in which an advertisement may reach the public, but not all are suitable for every advertisement. Advertising is used to make the consumers aware of the goods and services that producers and trader share to offer. There are many media through which advertising may take place. Each of which has a varying degree of effectiveness and costs. There are three main groups of advertising: Informative advertising Persuasive advertising Sponsorship advertising The aims of this study is to increase the usage of a certain product, attract more customers and to indicate the introduction of new products or replacement of the old products. To assist me in carrying out this aim, I will also focus on several sub topics that will be further discussed. They are as follows: Advertising Media Types of advertising Roles and Functions of advertising In order to complete this coursework, I intend to read books, have interviews, research and sending out questionnaires to different business proprietors and business company that use advertising. ADVERTISING MEDIA...
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...government or private agency based on the Public Sector ICT Strategic Plan (PSISP) 2011-2015 developed by the Malaysian Administrative Modernization and Management Planning Unit. Each group is to choose one government or private agency and propose a systems solution for the agency that is inline with its strategic objectives, scope of responsibility and services. The proposed system must also be based on the PSISP 2011-2015 either as an Online Service, Paperless Initiative or Back Office Application. Students are to refer to the PSISP documents (book and slides) available at the course repository site in order to provide details that show the proposed system is inline with the issues raised in the PSISP. The deliverables of this project is a proposal, a report and group presentation: 1. Proposal (3%) (Due on or before 05th July, 2012) - Selected Agency - Problem statement 2. Project Report (12%)(Due on or before 19th July, 2012) The report should provide details of the proposed system with the following elements: - Title (The title of the report should state the name of the agency together with phrases that indicate the nature of the proposed system. For example : “Getting input for weather forecasting : a proposed online application for the Malaysian Meteorological Department”.) -Abstract -Introduction -Literature Review (ICT strategy of other countries, brief information on Malaysia’s PSISP) -Background of selected agency -Problem statement...
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...of these reporting systems. The UCR was enacted when the International Association of Chiefs of Police (IACP) recognized the need for crime statistics to inform of the national crime rates throughout the nation in the 1920s. This was an effort to create a national standardized measurement of different incidences of crime being committed. However, it was originally conceived in an effort to measure the effectiveness of local law enforcement agencies to aid law enforcement with the data needed to use in the help to fight crime in their jurisdictions. The UCR is a combined city, county, state, and Federal law enforcement program....
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...Terrorism Terrorism has been in existence since the recording of history and manifests itself in different ways. Understanding terrorism has been a task that most agencies have never reached a conclusion. Quantifying terrorism comes in as a complicated philosophy. To start with, the problem quantification of terrorism begins with physiological anomalies where the disparity between gains and losses is considered. Questions of whether people are willing to pay to reduce terrorism arises. Similarly, terrorism as a phenomenon is international. Terrorists easily move from one country to another and therefore accounting for such a trend makes it difficult to quantify it. (The Struggle to Define Terrorism, n.d.) Defining terrorism is as difficult as quantifying it. The main reason comes from the misunderstanding among most anti-terrorism agencies on what should be included to get with terrorism acts. The difficulty in this is determining where there is legitimacy in the use of violence and where it is directed. Most beliefs are that terrorism is associated with the Islamic religion, and this has made it hard to define elements of terrorism. Terrorism stems out of misunderstandings and in search of justice, and that is where most agencies fail to understand. (The Struggle to Define Terrorism, n.d.) Various agencies define terrorism in different ways. The FBI outlines terrorism as the illegal use of force and violence against individuals or property to intimidate a governing body...
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...* Budgeting is basically planning and control * Planning involves the development of future objectives and the preparation of various budgets to achieve these goals * Controlling involves the steps taken by management to ensure that the objectives set down at the planning stage are attained, and to ensure that all parts of the organization function are in a manner consistent with organizational policies A government budget is a plan for financing its activities for a fiscal year prepared and submitted by responsible executive * The budget is an estimate of the proposed expenditures for specified purposes and periods, and embodies the means of financing them during the same time frames * FORMS AND CONTENTS OF THE NATIONAL BUDGET * A budget message setting forth in brief the government’s budgetary thrust for the budget year, including their impact on development goals, monetary and fiscal objectives, and generally on the implications of the revenue, expenditure and debt proposals and: * Summary financial statements setting forth: * Estimated expenditures and proposed appropriations necessary for the support of government including those financed from operating revenues and from domestic and foreign borrowings * Estimated receipts during the ensuing fiscal year under the laws existing at the time the budget is transmitted and under revenue proposals, if any * FORMS AND CONTENTS OF THE NATIONAL BUDGET * Actual appropriations, expenditures...
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...Grant Proposal and Presentation Learning Team A: Leslie Hernandez, Marcy Melendrez, Dominic Nakagawa and Liz Ragasa BSHS 451 February 13th, 2014 Professor Michele Howser Grant Proposal and Presentation Cover Letter February 13th, 2014 Leslie Hernandez Founder & President Human Nature Project 1234 Human Nature Ave. Las Vegas, Nevada 89149 Dear Mr. Mike Sprinkle, We are requesting $79,272 for our agency to hire on two full-time advocates to represent our clients who are underage prostitutes who are seeking to become productive members of society. Human Nature Project will bring two full time advocates to work in our agency’s office to help bring our clients into a partnership within our community. Our agency is located at 1234 Human Nature Ave., Las Vegas Nevada 89149. We believe this request fits under your giving area of Nevada Anti-Prostitution Organization because of your community’s helpful citizen give back program. Our vision and mission are central to our efforts in generating funds for these advocates: The Human Nature Project’s mission is help to women change their situations by giving them hope to transform their lives and no longer be victimized. A new way of life and view of self-worth for the victims of underage prostitution to have a new start within their community is needed here in Clark County for the following reasons: 1) Children cannot consent to prostitution and are considered to be victims of child sex trafficking 2)...
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...health of those organisations. This creates an imperative to ensure the management of receivables is both efficient and effective. The practices used in common business processes such as accounts receivable management have universal application and are not industry specific. In this regard there are lessons to be learned by others from the practices followed by organisations for whom accounts receivable is a core business process. The better practices discussed in this guide are therefore recommended for consideration by Commonwealth government agencies. Not all of the practices outlined in this guide will suit each agency’s circumstances, however, it is considered that most agencies, which derive revenue on sale of goods and services on credit terms, will benefit from benchmarking their current practices against those detailed in the guide. Introduction Effective management of accounts receivable presents important opportunities for agencies to achieve strategic advantage through improvements in customer service, cash management and reductions in costs. The primary objective of accounts receivable in the Commonwealth public sector is to collect monies due and to assist in meeting cash...
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