Law of agency essay

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Law of agency essay

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In This Section Both the retrospective and prospective uses also raise the relation between legal and moral responsibility. Many important theories of responsibility relate to legal concerns, which will be discussed in a later section.
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Constitution, then examined how lower courts have applied the holdings of these Supreme Court cases to situations involving university professors at state colleges. This essay reviews cases under state law involving wrongful termination of employment in the USA, because an employee chose to follow ethical principles of the employee's profession.

Unlike employment law based on the Bill of Rights in the U.

Law of agency essay

Constitution, which only applies to government employees, the principles in this essay are applicable to all employees, even employees of for-profit and non-profit organizations. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem.

There is no need to cite those cases, because: Because of my intentional lack of citations in this essay to the mainstream law of at-will employment, a reader might obtain the mistaken impression that the law in this essay is mainstream law. So, I explicitly caution employees that: Protection against wrongful termination of employment is a developing area of law in the USA, which only rarely protects an employee.

I list the cases in chronological order in the citations in this essay, so the reader can easily follow the historical development of a national phenomenon. If I were writing a legal brief, I would use the conventional citation order given in the Bluebook. At the end of this essay, I urge readers to contact their state legislators and push for stronger state statutes in this area.

Law of agency essay

Recognizing that this rule of law is too harsh, courts in the s began to develop an exception to the absolute right of an employer to terminate an at-will employee, in cases where the employer violated a clearly expressed public policy. The process of developing the public-policy exception to at-will employment accelerated during the s and s, not only with judicial recognition of public policy, but also legislatures passing statutes providing whistleblowers with protection from retaliatory discharge.

Such a violation could be either: I emphasize that the above public-policy exceptions are not the law in every state of the USA, but do describe the law in many states of the USA. The law varies from state to state, so no terse, general description of employment law can be absolutely correct for every state in the USA.

These limited public-policy exceptions in the majority of states do not create rights of freedom of speech for learned professionals, nor do they create rights of learned professionals to uphold high ethical standards.

The above public-policy exceptions are mentioned only as a foundation of the law that is discussed in the remainder of this essay. In some states this cause of action is a tort, in other states it is a breach of contract action.

Citations to cases are found in my companion essay on the history of at-will employment in the USA. In many states, the public-policy exceptions have been created by the legislature in statute s that specifically gives the ex-employee the right to sue for wrongful discharge.

In order to shorten this long essay, I have moved this detailed discussion to my companion essay on the history of at-will employment in the USA.Modern opposition to natural law and natural rights.

During the nineteenth century the advocates of limitless state power made a comeback with new rhetoric, (the utilitarians) or the same old rhetoric dressed in new clothes), and in the twentieth century they .

LAW OF AGENCY The law relating to agency in Kenya is contained in the Factors Act 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.

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Essay about Agency of Necessity. QUESTION: Explain what agency of necessity is and how it may arise. AUTHOR: KATALILO JOY INTRODUCTION This paper will explain what agency of necessity is and how this agency arises. Agency is the work done by an agent.

A police force is a constituted body of persons empowered by a state to enforce the law, to protect people and property, and to prevent crime and civil disorder. Their powers include the power of arrest and the legitimized use of torosgazete.com term is most commonly associated with police services of a sovereign state that are authorized to exercise the police power of that state within a defined.

Call for Papers: Symposium on Re-Assessing the Chicago School of Antitrust Law. We are pleased to announce a call for papers for the University of Chicago Law Review symposium on “Re-assessing the Chicago School of Antitrust Law,” which will take place May , Submit your proposals to Elizabeth Nielson ([email protected]) no later than September 30,

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