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Essay / Research Paper Abstract
This 10 page paper examines a case study supplied by the student. A purchasing officer of an Australian company uses the company stationary and his position to purchase two lap top computers. When the invoice arrives the company he works for refuses to pay the bill. The paper considers the legal position and considers if this would have been different had the employee been a marketing officer. The bibliography cites 6 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TElaplaw.rtf
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Unformatted sample text from the term paper:
lap top computers from a supplier; Smart-Systems, using Aus-shipping Ltd stand order forms and also attaches one of his business cards. The lap top computers have been ordered for his
children and Aus-shipping Ltd is refusing to pay for the purchases. Looking at this we can consider the apparent or actual authority of Hugo to undertake this transaction and also
if this would have been different had Hugo been a marketing officer. Looking at this we can see the usual, although initially appearing to deal with contract law, it
is actually commercial law and more specifically the law of agency that is relevant to this case. There is little doubt there is a valid contract, the issue is who
the contract it with. Also we may look at the status of Hugo as either an agent or a company officer. To consider this we need to look at
agency law and the concept of an agent. Agency law has evolved over a great deal of time as one paradigm that may be used by businesses to further their
commercial interests. An agency was formed where there was a wish to avoid direct dealings with the third parties, often the customers. The
law regarding the agency relationship may be found in both statute and common law, but the basis of the relationship is that of consent, authority and good will. An agency
may be defined as "where one person, the principle, appoints another, the agent, to bring about, modify or terminate legal relations between the principle and one or more third parties"
(Goode, 2000; 166). This is the definition in the commercial sense, however, when looking at the definition of an agent it is "A person authorised, expressly or implied, to act
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