5. Creation of agency, and the authority of the agent

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
Principal Agent ◽  
Agency Relationship ◽  
The Creation ◽  
The Relationship ◽  
Principal Agent Relationship

This chapter focuses on the creation of principal–agent relationship and the authority of the agency. The relationship between principal and agent may be created in four ways: through express or implied agreement between principal and agent; under the doctrine of apparent authority; by operation of law; and through ratification of an unauthorised agent's acts by the principal. Agency arising out of agreement will always be consensual, but it need not be contractual. An agency may be gratuitous. Even in the commercial context, the agency may not be contractual (although this is rare). After explaining how the agency relationship is created, the chapter examines the authority of the agent such as actual authority, apparent authority, and usual authority. A number of relevant cases are cited throughout the chapter.

5. Creation of agency, and the authority of the agent

2020 ◽  
pp. 118-157
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
Principal Agent ◽  
Agency Relationship ◽  
The Creation ◽  
Principal Agent Relationship

This chapter focuses on the creation of the principal–agent relationship and the authority of the agency and the four ways of creating it: through an express or implied agreement between the principal and the agent; under the doctrine of apparent authority; by operation of law; and through ratification of an unauthorised agent’s acts by the principal. Agency arising out of agreement will always be consensual, but it need not be contractual. After explaining how the agency relationship is created, the chapter examines the authority of the agent such as actual authority, apparent authority, and usual authority.

scholarly journals Endogenous Verifiability and Relational Contracting

2009 ◽  
Vol 99 (5) ◽  
pp. 2193-2208 ◽  
Author(s):  
Ola Kvaløy ◽  
Trond E. Olsen
Keyword(s):  
Principal Agent ◽  
Relational Contracting ◽  
Strong Assumption ◽  
Repeated Interaction ◽  
Ex Ante ◽  
Contractual Incompleteness ◽  
The Relationship ◽  
Principal Agent Relationship

Principal-agent models usually invoke the strong assumption that the parties know for sure ex ante whether a variable is verifiable or not. This paper assumes that only the probability of verification is known, and that this probability is endogenously determined. We analyze a principal-agent relationship where the verifiability of the agent's output is determined by the principal's investment in drafting an explicit contract. The model is well suited for analyzing the relationship between explicit contracting, legal courts, trust, and relational contracting. In particular, we show how trust—established through repeated interaction—and legal courts may induce contractual incompleteness. (JEL D82, D86)

scholarly journals Intellectual Property Management in Publicly Funded R&D Program and Projects: Optimizing Principal–Agent Relationship through Transdisciplinary Approach

2020 ◽  
Vol 12 (23) ◽  
pp. 9923
Author(s):  
Shuto Miyashita ◽  
Shogo Katoh ◽  
Tomohiro Anzai ◽  
Shintaro Sengoku
Keyword(s):  
Intellectual Property ◽  
Network Analysis ◽  
Research And Development ◽  
The Body ◽  
Principal Agent ◽  
Property Management ◽  
Publicly Funded ◽  
Intellectual Property Management ◽  
The Creation ◽  
Principal Agent Relationship

Large-scale, publicly funded research and development (R&D) programs are implemented to accelerate state-of-the-art science, technology, and innovation applications that are expected to solve various societal problems. The present study aims to build on the body of theory on the mechanisms that promote or impede the creation of intellectual property in such programs. Using a mixed methods approach and combining quantitative network analysis and qualitative semistructured interviews, we conducted a case study to investigate best practices in terms of intellectual property creation in a Japanese governmental research and development program. The results of the network analysis showed that the core/periphery structure in the co-inventor network of patents and joint application by a university and a startup promoted intellectual property creation. The results of the interview confirmed the significance of a reciprocal mindset, which the researchers in academia could acquire through collaboration with a startup. These results suggest that a knowledge logistics system for agile intellectual property management can be established by learning to acquire tacit knowledge on social implementation. Furthermore, we focus on the principal–agent relationship between knowledge producers and knowledge consumers as a factor that impedes the creation of intellectual property. We also discuss adverse selection and moral hazards caused by information asymmetry between knowledge producers and knowledge consumers and how to deal with them.

7. Relations between principal and agent

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
Third Parties ◽  
Duty Of Care ◽  
Principal Agent ◽  
Unanswered Question ◽  
Fiduciary Duties ◽  
The Relationship ◽  
Principal Agent Relationship

This chapter focuses on the relationship between principal and agent. In general, the rights and duties of an agent derive either from a contract made with the principal or from the fiduciary nature of their relationship. Although most agencies are consensual, an agency may also arise because of the apparent or usual authority of the agent or through necessity. Such agencies are non-consensual, and whether they give rise to the normal incidents of a principal–agent relationship remains an unanswered question. This chapter considers the duties of the agent, such as duty of care and skill and fiduciary duties, as well as rights relating to remuneration, reimbursement and indemnity, and lien. It also discusses the ways by which agency may be terminated involving principals and agents, commercial agents, and third parties. A number of relevant cases are cited throughout the chapter.

4. The creation of the agency relationship

2019 ◽  
pp. 60-84
Author(s):  
Eric Baskind ◽  
Greg Osborne ◽  
Lee Roach
Keyword(s):  
Agency Relationship ◽  
The Creation ◽  
Relationship Of ◽  
The Relationship

This chapter considers the various methods by which a relationship of agency can be created, namely, by agreement, by ratification, by operation of law (including agency by necessity), and arising due to estoppel. It should be noted that an agency relationship might be held to exist, even though the parties or one of the parties do not wish for it to exist, or have expressly declared that such a relationship does not exist. Equally, the fact that the parties describe themselves as ‘principal’ and ‘agent’ will not conclusively establish that a relationship of agency exists, and the courts will disregard such labels if the realities of the relationship indicate that it is not one of agency. An agency relationship can therefore be created consensually or non-consensually. The chapter also discusses preliminary issues such as the capacity of agent and principal, and the formalities needed to create a relationship of agency.

Brain and Genes

2020 ◽  
pp. 92-106
Author(s):  
Daeyeol Lee
Keyword(s):  
Division Of Labor ◽  
Principal Agent ◽  
Complex Structures ◽  
Principal Agent Theory ◽  
Agent Theory ◽  
The Relationship ◽  
The Brain ◽  
Principal Agent Relationship

During evolution, more complex structures and functions emerge as a result of division of labor and specialization. Often, this leads to a conflict between a principal who determines the nature of division of labor and an agent who implements the overall goal set by the principal. The principal–agent relationship is a useful construct to understand the relationship between the genes and the brain. This chapter covers the key assumptions of the principal–agent theory and how this can be validated in the case of gene–brain relationship. The author argues that because the brain must learn solutions to problems that genes cannot handle, learning is central to intelligence.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

Kajian Sosiologis Terhadap Tema Lakon ‘Domba-domba Revolusi’ Karya Bambang Soelarto

Panggung ◽  
2014 ◽  
Vol 24 (1) ◽  
Author(s):  
Nur Sahid
Keyword(s):  
Sociological Theory ◽  
Essential Element ◽  
Literary Work ◽  
The Political ◽  
Basic Principles ◽  
Historical Figures ◽  
Sociology Of Art ◽  
The Creation ◽  
Relationship Of ◽  
The Relationship

ABSTRACTRevolutionary struggle in order to compete for the independence of Indonesia has been a source of inspiration Indonesian artists, including Bambang Soelarto who wrote drama Domba-domba Re- volusi (DDR). DDR studied drama is quite interesting because it tries to criticize the freedom fight- ers. This study aims to: first to know the theme and the problem plays DDR; second to determine the relationship of the socio - historical struggle in 1948 with the sociological elements of drama DDR themes and issues. This study uses sociological theory of art. The basic principles of the sociology of art is the fact that the creation of works of art influenced by the historical social conditions where the work was created. Research using content analysis of Krippendorf, the methods used to examine the symbolic phenomena with the aim to explore and express the observed phenomenon which is the content, meaning, and an essential element of the literary work. Based results of this research is that Bambang Soelarto as the author tries to capture di?erence between fighters during the struggle for the political aspirations for 1948 are expressed in a work of drama. Historical events inspired the creation of drama DDR. Soelarto want to respond to the political aspirations of the di?erence between historical figures and wanted to provide an assessment and outlook through DDR.Keywords: themes, drama, sociology of art, social historical ABSTRAKRevolusi perjuangan dalam rangka memperebutkan kemerdekaan Indonesia telah men- jadi sumber inspirasi para seniman Indonesia, termasuk Bambang Soelarto yang menulis drama Domba-domba Revolusi (DDR). Drama DDR cukup menarik diteliti karena mencoba mengkritisi para pejuang kemerdekaan. Penelitian ini bertujuan untuk: pertama, mengeta- hui tema dan permasalah drama DDR; kedua, mengetahui hubungan kondisi sosio-histo- ris perjuangan pada tahun 1948 dengan unsur-unsur sosiologis terimplisir pada unsur tema dan masalah drama DDR. Penelitian ini menggunakan teori sosiologi seni. Prinsip dasar dari sosiologi seni adalah adanya fakta bahwa penciptaan karya seni dipengaruhi oleh kon- disi sosial historis tempat karya itu diciptakan. Penelitian ini menggunakan metode con- tent analysis dari Krippendorf, yakni metode yang dipergunakan untuk meneliti fenome- na-fenomena simbolik dengan tujuan untuk menggali dan mengungkapkan fenomena yang teramati yang merupakan isi, makna, dan unsur esensial karya sastra. Berdasarkan hasil penelitian dapat diketahui bahwa Bambang Soelarto sebagai penulis mencoba un- tuk menangkap perbedaan antara pejuang aspirasi politik selama perjuangan tahun 1948 untuk diekspresikan dalam sebuah karya drama. Peristiwa sejarah mengilhami penciptaan drama DDR. Soelarto ingin menanggapi aspirasi politik perbedaan antara tokoh-tokoh se- jarah dan ingin memberikan penilaian dan pandangan pandangannnya melalui DDR.Kata kunci: tema, drama, sosiologi seni, sosial historis

Imagery and Metaphorical Space of the Term in the Language of Scientific Texts by V. Vinogradov

2018 ◽  
Vol 79 (9) ◽  
pp. 61-66
Author(s):  
N. V. Khalikovа
Keyword(s):  
Historical Context ◽  
Semantic Structure ◽  
Scientific Thinking ◽  
Scientific Texts ◽  
Basic Term ◽  
Pragmatic Information ◽  
The Creation ◽  
The Relationship

The article considers the functions of the system of verbal imagery’s in the creation of the scientific style of V.V. Vinogradov. The figurativeness of basic, background and metaphorical terms is described. The semantic structure of the image of the basic term «style» is analyzed, figurative paradigms of the concepts Language, Speech and Style are revealed. The article shows the relationship between scientific thinking and metaphorical style, the role of sustainable cognitive metaphors in the creation, storage and transfer of pragmatic information and the creation of a cultural and historical context.

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