Agency and partnershipl law assessed coursework Essay

Agency and partnershipl law assessed coursework - Essay Example An agent’s actual authority may be either implied or express. As regards to express authority, there will be no issues as everything will be explained or predetermined. An ostensible authority will occur when if the authority has been conferred on the agent, even if such authority is not bestowed upon him by express words. For instant, if an insurer permits his agent to have in possession of blank cover notes, then the insurer implicitly permits him to create temporary insurance contracts on behalf the insurer. If temporary oral contracts entered by an agent are being continuously adopted by the insurer, then it will confer an ostensible authority on that agent1. This research essay will make an earnest attempt to establish that there is no any difference between the acutual and ostensible authority as it appears to be . Analysis Usual Authority of an Agent An agent’s usual authority is interpreted by the courts in the background of actual implicit power, which is being conferred to an agent due to circumstance of a specific case like usual power of an agent from a specific custom or particular trade. Thus, usual authority of an agent is viewed as a feature of apparent or actual authority. . In Watteau v Fenwick , the manager of a beer house had the express authority to buy cigars from the defendant onlyHowever, the agent (manager) bought the cigars from the plaintiff. In a suit for claiming to settle the amount due to the plaintiff, it was held that as the plaintiff was not aware of the express restriction, and since, it fell within the usual power of the manager of a beer house to place an order for this type of goods, the principal was held accountable3. However, in Daun v Simmins4, the decision held in Watteau v Fenwick was contrasted where it was observed that if an agent (manager) of a â€Å"tied† public house only has the power in general to purchase spirits from a specific source. In cases like this, no reliance on an implied author ity can be made by a supplier so as to sue the principal5. Implied or Ostensible or Apparent Authority An implicit or implied or apparent or ostensible authority means where a third party is enticed to enter into a contract with a principal through a party who seems to have power to function or act but in reality , he is lacking such power or authority. In â€Å"Freeman & Lockyer v Buckhurst Park Properties (Mangal) Ltd†, Diplock, LJ held that there is vast difference between apparent authority and actual authority. Despite these, terms are always coincided and co-existed without the other and their relevant background may be diverse. In actual authority, there is a relationship which exists between an agent and the principal legally which is ushered by an unanimous agreement to which they are regarded to be parties6. In ING Re (UK) Ltd v R & V Versicherung AG7, the apparent authority of an agent was explained by Toulson J as one, which is footed upon estoppel by representati on. Where a third party (X) is being caused or represented by a Principal (P) that the agent (A) has the power to function on P’s behalf, and X is dealing with A as an agent of P purely on the reliance of such representation, P is liable to the acts of A to the same magnitude as if A had the required power which he was demonstrating as possessing8. In Zurich General Accident and Liability

Retention of Novice Teachers who Migrate to Arizona to Begin their Dissertation

Retention of Novice Teachers who Migrate to Arizona to Begin their Teaching Careers - Dissertation Example Induction programs, which typically have several goals, are the most common support structure for new teachers (Killeavy, 2006). Among those goals are to instruct new teachers in the methods, culture, and background of the school or district; to increase student achievement, and; to help new teachers experience success in their first year (Breaux & Wong, 2003). Success of a first year teacher is commonly measured by both student academic success as well as the novice teacher’s desire to continue in the teaching profession (Strong, 2005). Unfortunately, attrition rates for teachers new to the profession continue to be high with as many as half of all new teachers leaving the profession within their first three years of teaching (Ingersoll & Smith, 2011; Greiner & Smith, 2006; Darling-Hammond, 2004). According to Rosenow (2005) as many as 10% of novice teachers in high-poverty schools fail to finish their first full year of teaching. While these numbers are alarming, alone they do not provide adequate insight into the factors that influence a novice teacher’s intent to stay or leave the profession. Factors influencing a teacher’s decision to leave the profession range from job stress to low pay to inadequate support (Reiman & Corbell, 2007). However, induction programs with strong support elements have shown promise in increasing retention rates of novice teachers (Corbell, Osborne, & Reiman, 2010; Hammer, 2005). American public schools are at a critical crossroads. In the next decade, it is estimated that an additional 200,000 teachers will be needed as a result of teacher retirements, increasing birthrates, and immigration, and the popularity of class-size reduction initiatives (Zumwalt & Craig, 2009; Graue & Rauscher, 2009). Compounding the problem is the fact that some states, like Arizona, fail to produce enough college graduates to fill the demand for new teachers (Berry, Fuller, & Williams, 2007). This has resulted in some school distr icts, particularly rural ones, recruiting and hiring teachers from other states resulting in novice teachers who migrate across state lines to begin their careers (Allen, 2005). Little is currently known about the factors that influence the intent to stay for the sub-population of novice teachers who migrate across state lines to begin their teaching careers. However, current research on new teacher retention suggest that induction programs with strong mentor, colleague, and administration support help to increase retention of novice teachers (Corbell, 2008). Statement of Problem Despite the efforts by administrators and policy makers to increase the retention of novice teachers, research consistently shows that between 30-50% of teachers leave the profession within their first three years (Ingersoll & Smith, 2011; Greiner & Smith, 2006; Darling-Hammond, 2004) Furthermore, Merkel (2004) describes the problem of new teacher attrition in Arizona as â€Å"chronic†. Many Arizona districts, particularly rural ones, experience the â€Å"revolving door† described by Ingersoll (2003) in which new teachers are hired, trained, and supported but not retained beyond their first few years. Therefore, the purpose of this quantitative study will be to examine the factors that influence retention rates of novice teachers who migrate to Arizona from out of state to begin their careers. Significance of Study It is not known if novice teachers w