Pan Africanism - 1731 Words

Pan-Africanism and the Organization of African Unity Pan Africanism Definition Pan-Africanism is a sociopolitical worldview, and philosophy, as well as a movement, which seeks to unify both native Africans and those of the African Diaspora, as part of a global African community. Pan Africanism represents the aggregation of the historical, cultural, spiritual, artistic, scientific and philosophical legacies of Africans from past times to the present. Pan Africanism as an ethical system, traces its origins from ancient times, and promotes values that are the product of the African civilization and struggles against slavery, racism, colonialism, and neo-colonialism. Pan-Africanism is usually seen as†¦show more content†¦The key aims of the first conference were: To bring into closer touch with one another the peoples of African descent throughout the world T o inaugurate plans to bring about a more friendly relationship between Caucasian and African races To start moving to securing all African races living in civilized counties with full rights to promote their business interests. The success of this early conference was limited but it did set the wheels in motion for greater debate. For the first time the various elements of anti-colonial and anti racial movements were brought to the forefront and discussed in the public light. Dubois led the 1st Pan-African congress, which took place in Paris 1919, to discuss racial discrimination against colored troops stationed in France after WW1. The next major landmark in the history of Pan Africanism was the 1945 Manchester Pan Africanism Conference. For the first time the congress did not ask for recognition or favors from European powers. They unequivocally demanded an end to colonialism in Africa, in addition to demands for social justice and rights. All schemes of half freedom were rejected. The Manchester Congress gave an impetuous to the goal of achieving national independence. The next conference was in Ghana, this was aShow MoreRelatedThe Pan Africanism For Beginners1823 Words   |  8 Pages The Pan-African movement as described in Lemelle’s Pan-Africanism for Beginners is a set of ideas and ideologies containing social and cultural, political and economic, material and spiritual aspects. Each aspect is accompanied by a plethora of historical figures and terms unique to the movement described thoroughly in the text and the presented glossary. The piece makes it easy to understand all the information acc ompanying each topic. While it does have its strengths and weaknesses, the bookRead MoreThe Pan Africanism For Beginners1829 Words   |  8 PagesThe Pan-African movement as described in Lemelle’s Pan-Africanism for Beginners is a set of ideas and ideologies containing social and cultural, political and economic, material and spiritual aspects. Each aspect is accompanied by a plethora of historical figures and terms unique to the movement, well described throughout the text and in the presented glossary. This book makes it easy to understand all the information accompanying each topic. While it does have its strengths and weaknesses, thisRead MoreThe s Theory Of Pan Africanism1347 Words   |  6 Pagesin the Black Nationalism and Pan-Africanism movements. Theories developed by Garvey inspired millions as he lectured about self-reliance and liberation of blacks to embark on the back-to-Africa movement. Achieving the goal of black liberation fueled the arguments presented b y Marcus Garvey. Garvey’s theory of Pan-Africanism proved to be a dominant force in the unification of the African community. Throughout this essay, I will respond to the notion of Pan-Africanism, Garvey’s Ideologies, and hisRead MorePan Africanism For Beginners Essay1481 Words   |  6 PagesSid Lemelle hoped for his book, Pan-Africanism for Beginners, to be a comprehensive guide to the complex concept of Pan-Africanism. Lemelle begins the book by broadly defining Pan-Africanism to mean the inclusion of â€Å"all people of African ancestry living in continental Africa and throughout the world.† This definition sets the foundation for his analysis of Pan-Africanism. Pan-Africanism for Beginners explores the major leaders and events associated with Pan-African sentiments chronologically. TheRead MorePan Africanism : The Black Social, Intellectual, And Political Realities1514 Words   |  7 PagesPan-Africanism Pan-Africanism signifies the difficulties of black social, intellectual, and political notions over a two hundred year span. What establishes Pan-Africanism, on the basic level, is the unity of Africans worldwide. Pan-Africanists believe that the African people in its entirety, which includes the Diaspora and the African continent, does not just share common beginnings but also a common destiny. (Asante, 1976, p. 97) This ideology of an intertwined past and future of all the AfricanRead MoreAfrican Americans And Its Impact On Society1589 Words   |  7 Pageswhite people to fit in and be considered as good but that didn’t work and people were stilled looked down upon. Pan-Africanism, the idea that peoples of African descent have common interests and should be unified. Historically, Pan-Africanism has often taken the shape of a political or cultural movement. There are many varieties of Pan-Africanism. In its narrowest political manifestation, Pan-Africanists envision a unified African nation where all people of the African diaspora can live. (African diasporaRead MoreThe Pan African Significance Of The Obama Administration3061 Words   |  13 PagesThe Pan-African significance of the Obama administration, Obama the offspring of a Kenyan engulfed in a bi-racial reality (thus rendering him sensitive to multiculturalism) who fulfills the dream of an oppressed people, has been the perceived unification of both the African continent and the diaspora. However, the term Pan-Africanism comes to stir strong feedback because there is no consensual agreement on what it is. W.E.B. DuBois, in the 1930s, defined Pan-Africanism as a movement aimed at anRead M oreCapitalism Is A System Of Economic Enterprise Based On Market Exchange1403 Words   |  6 Pagesnumerous ways. Dubois, Garvey and Rodney were the voices of the black movement around the world. For instance, W.E.B Dubois strongly believed that capitalism was the primary cause of racism. Dubois was a sociologist, historian, civil rights activist, and Pan-Africanist. He examined the geopolitical shifts in Europe, its colonies, as well as in the United States after the First World War in order to assess the interrelations of race and labor. Dubois strongly believed that labor was connected to salary andRead MoreUnited We Stand, Divided We Fall1196 Words   |  5 Pagesmilitary and defense strategy, and a unified foreign policy and diplomacy. Sharing the same continent and being divided economically and politically, will eventually becomes a problem amongst Africans. Although the delegates that attended the Third Pan-African Congress were idealists, for the first time, the men gained experience of working together as a unit. Nkrumah intends for the African people to collaborate and â€Å"unify our efforts, our skills, our resources, and intentions.† Nkrumah used bothRead MorePresident Nkrumah s The Fight Against Imperialism958 Words   |  4 Pages Kwame Ture’s ideologies were built heavily on top of the foundation laid down by Kwame Nkrumah. Kwame Ture generated knowledge within America about neocolonialism and worked passionately to achieve African liberation. Ture is credited with Pan Africanism and the Black Power movement in the Americas. Black Power according to Ture is a part of the world’s rebellion of the â€Å"oppressed from the oppressor, the exploiter from the exploited†. Black Power was also a way for the African continent and all

Obsessive Compulsive Disorder (OCD) Essay - 1627 Words

Several mental health disorders are brought on due to both psychological and biological problems. Many of these are anxiety or behavioral disorders. Obsessive Compulsive Disorder (OCD) is one of these disorders that is an issue in both anxiety and behavioral issues. Its causes may be psychological, biological, or, in most cases, both. Many studies have been conducted on OCD and show that it is a complex disorder with many different symptoms. There have been treatments and medications to help reduce the symptoms and help people to overcome the disorder. Obsessive Compulsive Disorder is an anxiety disorder that causes a great deal of stress to people suffering from it, however with proper treatment it’s sufferers can live a healthy,†¦show more content†¦Many times these subsets can combine, causing additional stress and anxiety to the sufferer. The causes for Obsessive Compulsive Disorder are by problems in neuroanatomy and neurochemistry (Stein, 2002). Recent studies involving brain imaging have shown that abnormalities are found in patients with OCD (Stein, 2002). These abnormalities include â€Å"decreased volume or increased grey matter in cortico-striatal-thalamic-cortical circuits† (Stein, 2002). The frontal orbito-striatal area and the dorsolateral prefrontal cortex have been shown to the inhibition of planning, organization, and verification, leading researchers to believe that these regions of the brain play a part in obsessive compulsive disorder (Abramowitz, Taylor, McKay, 2009). It is also shown that the serotonin system may cause OCD (Stein, 2002). This was first realized after an antidepressant called clomipramine, which is a serotonin reuptake inhibitor, was found effective in treatments of the disorder (Stein, 2002). Hypersensitivity of the postsynaptic serotonin receptor is associated with obs essiveShow MoreRelatedObsessive Compulsive Disorder (OCD)1756 Words   |  8 Pages Obsessive Compulsive Disorder (OCD) is a disorder that can affect children and adults. In order to fully understand OCD, many different areas of the disorder must be reviewed. First, OCD will be defined and the diagnosis criteria will be discussed. Secondly the prevalence of the disorder will be considered. The different symptoms, behaviors and means of treatment are also important aspects that will be discussed in order to develop a clearer understanding of the implications of obsessive compulsiveRead MoreEssay on Obsessive Compulsive Disorder (OCD)875 Words   |  4 Pagessevere Obsessive Compulsive Disorder. Obsessive-compulsive disorder is an anxiety disorder that triggers people to have unwanted fixations and to repeat certain activities again and again. Everyone has habits or certain ways of doing something with Obsessive Compulsive Disorder these habits severely interrupt the way they li ve their lives (Familydoctor.org Editorial Staff). About one in 40 people suffer from some form of Obsessive Compulsive Disorder (ABRAMOWITZ). Obsessive Compulsive Disorder oftenRead MoreLiving With Obsessive Compulsive Disorder (OCD)1190 Words   |  5 Pagesdifferences between both symptoms and experiences of six different authors who have been personally affected by obsessive-compulsive disorder (OCD).   Since OCD is not very well understood by many members of the public (Escape), I hope that the experiences of the authors that I researched will be able to paint a vivid picture of what life with OCD is like. Obsessive-compulsive disorder involves a chemical imbalance in the brain. This chemical imbalance is thought to be the main reason for obsessionsRead MoreObsessive Compulsive Disorder (OCD) Essay2901 Words   |  12 Pages   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Obsessive Compulsive Disorder, or OCD, affects an average 1.7% of the population according to the Stanford University School of Medicine.  Ã‚  The recognition of this psychological disorder has grown in the recent years.  Ã‚  As the knowledge of this disorder becomes more prevalent, those suffering have become more willing to seek help (OCDA).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  OCD is a condition â€Å"in which people experience repetitive and upsetting thoughts and/or behaviors† (OCDA).  Ã‚  While there are many variationRead MoreObsessive Compulsive Disorder (OCD) Essay800 Words   |  4 Pages Obsessive Compulsive Disorder And Its Effect On Life Obsessive-compulsive disorder, or OCD, involves anxious thoughts or rituals one feels and cant control. . For many years, OCD was thought to be rare. The actual number of people with OCD was hidden, because people would hide their problem to avoid embarrassment. Some recent studies show that as many as 3 million Americans ages 18 to 54 may have OCD at any one time. This is about 2.3% of the people in this age group. It strikes men and women inRead More Obsessive Compulsive Disorder (OCD) Essays2616 Words   |  11 Pagesis a very powerful piece of structure; it is truly limitless when speaking about its potential. With a functional organ comes a dysfunctional possibility. Obsessive Compulsive Disorder, (OCD), for instance, is nervousness in the mind. OCD is an anxiety disorder caused by repetitive intrusive thoughts and behaviors. It is a mental disorder marked by the involvement of a devotion to an idea or routine. Essentially, it is a false core belief which is believing that there is something wrong, causingRead MoreEssay on Obsessive Compulsive Disorder (OCD)3370 Words   |  14 Pages Obsessive compulsive disorder is a disease that many people know of, but few people know about. Many people associate repeated washing of hands, or flicking of switches, and even cleanliness with Obsessive Compulsive Disorder (OCD), however there are many more symptoms, and there are also explanations for those symptoms. In this paper, I will describe what obsessive compulsive disorder is, explain some of the effects of it, and explain why it happens. I will also attempt to prove that while medicationRead More Obsessive Compulsive Disorder (OCD) Essay1758 Words   |  8 PagesOCD: Whats in Control? Obsessive Compulsive Disorder (OCD) is an anxiety disorder that is the fourth most common mental illness in the U.S. (8). OCD affects five million Americans, or one in five people (3). This is a serious mental disorder that causes people to think and act certain things repetitively in order to calm the anxiety produced by a certain fear. Unlike compulsive drinking or gambling, OCD compulsions do not give the person pleasure; rather, the rituals are performed to obtainRead MoreObsessive Compulsive Disorder (OCD) Essay examples1375 Words   |  6 PagesObsessive Compulsive Disorder â€Å"I know my hands are clean. I know that I have touched nothing dangerous. But†¦ I doubt my perception. Soon, if I do not wash, a mind numbing, searing anxiety will cripple me. A feeling of stickiness will begin to spread from the point of contamination and I will be lost in a place I do not want to go. So I wash until the feeling is gone, until the anxiety subsides. Then I feel defeated. So I do less and less, my world becomes smaller and smaller and more lonelyRead MoreEssay about Obsessive Compulsive Disorder (OCD)474 Words   |  2 Pages Obsessive Compulsive disorder (OCD) is a mental illness that effects nearly 5 million Americans, and half a million children. Its a disease that fills the brain with unwanted ideas, and worries. OCD is a diseases that effects the Cerebral frontal cortex. Unfortunately there is no cure for OCD. Obsessive compulsive disorder can start developing as early as age five. In most cases OCD controls your life. Through out the rest of this paper I hope to inform you on Obsessive compulsive Disorders

Clinical Neuropsychology Manual of Mental Disorders

Question: Describe about the Clinical Neuropsychology for Manual of Mental Disorders. Answer: 1. The current Diagnostic and Statistical Manual (DSM) system for diagnosing psychiatric illness fail to diagnose disease in a therapeutic manner and the results are suboptimal. Since the past few decades categorical approach to psychiatric disorder has been followed. With this approach, mental disorders are classified according to its typical symptoms and characteristics. The categorical approach utilizes DSM as well as ICD (International Classification of Disease) tool. DSM gives detail on specific terms of disorder and ICD aids in identifying symptoms of disorder (American Psychiatric Association, 2013).The Categorical approach deals with the problem of disease sensitivity and comorbidity by diagnosing mental disorder from typical symptoms during mental health assessment. This process is based on the assumption that different pattern of thoughts and behavior can be organized into different categories of mental disorder. Thus, its sensitivity lies in organizing discrete illness and producing the diagnosis in similar situation. Despite these strengths, this approach has low inter reliability, lots of problem due to overlapping of symptoms. This makes the diagnosis difficult (Ragland Solomon, 2016). Due to this problem, clinicians have shifted to combining dimensional approach with existing categorical approaches. With this approach, clinicians can quantify a characteristic of disease based on using numerical values in different scales during disease assessment. The benefits of this approach lies in the fact that that it not only helps in identifying the presence of particular disorder but also aids in evaluating the degree of the condition a patient is suffering from (Shedler Westen, 2014). A clinicians can evaluate this by the question how much? to determine the level of severity of the disorder. Thus, in addition to categorical approach, it also takes into account various factors to get access to detailed information on each symptom. Instead of just labeling a disease, dimensional approach facilitates creation of a disease profile for specific patients. However, in relation to disease sensitivity and comorbidity analysis, much more time is consumed in getting each score. Dim ensional approach aims to enhance diagnostic precision of psychiatric illness. Dimensional scale measurement will allow better conceptualization and assessment of etiology and psychiatric syndrome. Challenges in user acceptability may occur with this approach because of interpreting underlying mechanism of disease (Cuthbert Insel, 2013). 2. Autism spectrum disorder is a neurophysiological disorder that impairs social interaction, communication and cognitive development of affected person. Other diagnostic features are poor social development, reduced interest and repetitive behavior. This disease may be caused by genetic or hormonal factors. According to mind blindness theory of autism, children with autism syndrome have delayed development of feelings and thought. Hence, a degree of mind blindness is present in affected person. They find it difficult to interpret others behavior and reduced rate of joint attention. Just et al., (2013) has suggested that this inability to identify mental states of self and other individual occurs because of brain abnormality and it occurs due to weak connection between medial prefrontal region and the posterior superior temporal region. Thus minblindness theory highlighted the social impairment in patients with autistic spectrum but it did not described about non-social characteristi cs of autism. Another limitation is that this theory is not specific to autism only. Another advanced theory called the emphathising-systemising (E-S) theory explains the combination of both social and non-social characteristics are present in people with autism spectrum disorder. It states that neurological disorder occurs not just because of lower empathy (E), but also because of below-average psychological factor (systemizing-S). Thus, inconsistency between E and S determines whether a person has autism spectrum disorder or not. Sabet et al., (2015) suggest that autistic people have exaggerated form of connectivity in each hemisphere and decreased inter-hemispheric connectivity due to small corpus callosum. Thus, increased interconnectivity disorder is found in specific area of brain in individual with the illness. The E-S theory was further developed by the extreme male brain theory of autism (EMB) which states that females perform better in emphasizing activities and males perform better in systemizing activities. Wen Wen, (2014) demonstrated that 54% males have systemizing brain while 44% females have brain with empathy activity. People with autism have smaller brain regions like thalamus, prefrontal cortex and superior gyrus compared to normal males. Besides this, normally size of male brain is larger than females, but in people with autism condition have even more larger brain than males. Thus this theory is useful in explaining why increases number of males develops the diseases compared to females. 3. Attention Deficit Hyperactivity Disorder (ADHD) is a disorder of the brain associated with inattentiveness and hyperactivity that interferes with cognitive development of individuals. Inattention is related to difficulty in sustaining focus, hyperactivity relates to extreme restlessness and impulsivity makes the person socially intrusive without considering the potential harm of the action (DuPaul Stoner, 2014). Because of the possible symptoms seen in ADHD, many people think ADHD is a societal invention and caused by indiscipline in social life of people. It may be related to presence of distressing family life or environment, struggles in life or watching too much television. However, research suggests that ADHD is caused mainly due to genetic disorder along with interaction of environmental factors. Despite this, the social constructionist theory suggests that there is no clear pathophysiology of the condition. While evidence have suggested difference in brain structure betwee n ADHD and normal patients, the genetic viewpoint is that genetic is responsible for about 75% of ADHD cases in patient. There is great argument regarding the real medical diagnosis of ADHD. There is no set criterion to determine the disease; it is mainly dependent on behaviors like hyperactivity and impulsivity. This behavior depend is context dependent and have no real origin (Roskam et al., 2014). Lead exposure in children might be a factor that affects brain development in children. The social construct theory of ADHD also suggest that it is mainly caused by environmental factors such as living in enclosed spaces, increased stress and burden from family (Bunford et al., 2015). It is also a result of conformity to strict social behavior such as in classroom or due to attachment with video games and computer. This can be found in workplace too due to long sitting hours and too many tasks. Hence, there is a need to make right choices and strategies and just not indulge in following societies rule against ones own will. 4. Schizophrenia is a mental illness that has impact on how an individual behave, think and feel. Such person may face difficulty in assessing what is real and what is artificial. This chronic disease occurs due to structural changes in the grey and white matter of brain. Changes in the cortical region take place prior to the first manifestation of schizophrenia. Brain structure changes overtime with gradual ventricular enlargement and decrease in hemispheric volume. The superior temporal gyrus region of the brain which is involved in processing language is mainly affected and this lead to the development of symptoms of the disease. A study on people with schizophrenia has showed that mostly changes take place in the temporal and frontal lobe of brain and people with these changes later develop schizophrenia. Anomalies in brain structure are seen both in grey matter and white matter. The connection related to processing of language is disrupted and myelination in this region takes pl ace (Kong et al., 2012). Psychological changes take place prior to onset of symptoms of schizophrenia. This occurs due to changes in brain structure particularly prefrontal lobes of the brain. Prefrontal lobe is extremely responsive to environmental stress. This leads to the manifestation of psychological changes such as memory impairment, hallucinations, delusions, inattentiveness and many others (Kahn Keefe, 2013). After the manifestation of schizophrenia, neurological changes take place due to abnormal brain chemistry. Brain structure impairs in patients with schizophrenia and it is mainly associated with enlarged brain ventricle leading to decrease in brain tissue volume. The frontal lobe is the region which is associated with decision making and reasoning property in people, but in people with the condition, low function is seen in the frontal lobe (Hirjak et al., 2014). Psychological changes are associated with loss of emotional function reduced ability to express and plan things in life. People struggle in sustaining to activities (Frith, 2014). 5. Endophenotypes are the term used to classify behavioral symptoms on the basis of clear phenotypes and identification of possible genetic connection. It helps to different between symptoms for diseases like ADHD, Alzheimers and many others. In case of people with schizophrenia, the most visible symptoms is psychosis which is associated with personality changes, abnormal behavior and low level of social interaction. However the distinct phenotype of the illness is overload of stimuli and impaired memory. As these phenotypes have clear genetic connections too, that is why they have been identified as endophenotypes of schizophrenia. These phenotypes reflect the neurobiological mechanism of the disease that represents the most overt symptoms of schizophrenia. The genes involved in endophenotypic traits in schizophrenia include RELN, FABP7 and CHRNA7. They are linked to schizophrenia phenotype of prepulse inhibition. It is a phenomenon which weak prestimulus inhibits the reaction of in dividual to stronger stimulus. The criteria involve in assessment of endophenotypes of psychiatric disorder is that the endophenotype should be associated with specific illness; it should be heritable and present in individuals despites their clinical status. Other criterion is it should be separated from other symptoms of illness (Ross, Freedman, 2015). As psychiatric illness is mostly associated with multiple risk factors, one endophenotypes related to the mechanism of illness most frequently develops. In schizophrenia brain changes occurs throughout the life span. One endophenotype that is useful to detect the risk of schizophrenia is sensory gating which is a process of filtering out unnecessary stimuli from other environmental stimuli (Ripke et al., 2013). 6. Down syndrome and Alzheimers disease are inter-related as the both the disease have common genetic condition. Down syndrome is a genetic chromosome 21 disoredr which leads to physical disability, developmental problem, delay in intellectual development and other diseases. On the other hand, Alzheimers is a neurophysiologic disorder that leads to memory loss and serious intellectual disorder affecting daily life activities. There is a connection between the two disease and children with Down syndrome at more risk of Alzheimers disease when they grow up. People who suffer from Alzheimers are also more likely to develop dementia which is related to impairment of cognitive function such as reasoning and thinking ability. The link between the two diseases is the extra copy of chromosome 21. Chromosome 21 carries the APP genes which codes for APP (Amyloid precursor protein). In people with Down syndrome, excess amount of APP protein leads to development of beta-amyeloid plaques in brain . This interferes with normal functioning of brain and creates risk of Alzhemiers disease and dementia. About 50% of patients with Downs syndrome develop the brain plaques and eventually develop dementia due to Alzheimers disease by the time they reach the age of 70 years (Hartley et al., 2015). People with Down syndrome above 40 years develop numerous plaques and neurofibrillary tangles and there is maximum chance of pathophysiology of Alzheimers disease. These plaques contain beta-amyloid peptide from APP genes. In Down syndrome, over expression of APP takes place and amyloid-beta is major factor in the pathogenesis of Alzheimers disease. Amyloid-beta is neuronal in origin and localized in endosomes. People with Down syndrome also have increased oxidative stress compared to normal people (Elizabeth Head, 2012). 7. Neural development is the process that provides insight into the cellular and molecular mechanism involved in nervous system development. Neurotrophins are group of protein that facilitates the development and function of neurons. These protein molecules regulate cell division and overgrowth of neurite. The neurotrophins binds to particular tyrosine kinases receptor that induces dimerization and auto-phophorylation of receptors. It leads to the formation of a complex of receptor and neurotrophin which is endocytosed. This complex is then transported to the soma (Neural migration). In between the process, it initiates signal transduction cascade that inhibits the apoptosis of genes and thus neural cell survives eventually. Other examples of neurotrophin factors that promote survival of neuron include nerve growth factor (NGF), neurtrophin-3, fibroblast growth factor and many others (Park Poo, 2013). Another type of neurotrophin is the brain-derived neurotrophic factors that play an important role in synapse plasticity and development of brain. A recent study demonstrated its role in synapse formation and plasticity. Synapse formation is promoted by regulating the axon morphology and increasing the number of excitable synapse and inhibitory synapse. It also enhances the number of functional synapses by the facilitating the maturation of those cellular components that triggers the release of neurotransmitter. This long term modification will be crucial in providing synaptic plasticity to an individual (Harrington Ginty, 2013). Neurulation is the process of development of neural tube (embryos central nervous system) from the embryo. The human brain development initiates from the third week of gestation period and it progressed to differentiation of neural progenitor cells. Neurotrophic factors play a role in this development by acting against the apoptosis cascade. It target distinct neurons at synaptic connection and makes connection with target cells. These factors are present in embryo during gastrulation and neurulation process. Neurotrophin-3 is expressed in the neural tube and tyrosine kinase C (TrkC) is present in the neural plate. A neural tube differentiates TrkC gets localized in specific region of the tube. Thus neurotrophic factors and TrkC plays a role in early neural development (Davis, 2014). 8. Meiosis is a type of cell division that divides the chromosome number by half and enables sexual recombination in organisms. It produces four gamete cells and the number of orginal chromosome is restored back in the offspring. The diploid parent cell consists of two chromosome copies. It divides to form four haploid cells which have half the number of original chromosome. The first meiotic division is called meiosis I. The first stage in this case is the prophase I where the chromatin fibre condenses to form sister chromatids. It is then followed by condensation of chromosome into tetrad structure in the prophase I. This pair of chromosome exchanges their DNA by recombination process. During Metaphase I the chromosome pair aligns at the centre of the cell and the centriole moves towards the poles. The spindle fibre is formed which attaches to the chromosome. In the next stage which is the anaphase I, the spindle fibres pull each chromosome towards the poles. During Teleophase I th e chromosomes are arranged in nuclei and cytokinesis takes place which leads to formation of two separate daughter cells. This phase is followed by meiotic division of haploid cells called Meiosis II. In prophase II new set of spindle fibres are formed and they align the equatorial plate in Metaphase II. In the Anaphase II, sister chromatids are pulled apart and chromosomes are enclosed in nuclear membrane in telophase II. This is followed by cytokinesis and results in formation of four haploid daughter cells that develop into a sperm or egg cells (Wang et al., 2015). There are key steps in meiosis where there is chance of spontaneous mistakes. The genetic constitution is altered and the and unexpected crossing over leads to increased genetic variability in a population. The crossing over of sister chromatids occurs during metaphase I and random alignment of chromosomes gives rise different gene combination in the offspring. In rare cases, failure to separate homologous chromosomes lead over accumulation of chromosome in one cell and lack of chromosome in another cell. This process of non-disjunction of chromosomes leads to production of gametes with odd number of chromosomes. It may give rise to variety of syndromes like Kleinfelters syndrome, Turners syndrome, and other syndrome (Marchett et al., 2015). Mitosis is a multi-step process during which chromosome is divided into two daughter cells. The first phase is called karyokinesis where nuclear division takes place. It consist of five phases mainly prophase, metaphase, anaphase and telophase. The second phase is called cytokinesis wherein cytoplasmic components separate into two daughter cells. Due to error in mitosis, two types of errors occur and it has benign or deadly consequences. Silent mutation can occur where no change in DNA sequence is found or missense mutation may occur when DNA sequence are changed. This type of mutations may lead massive disruption in cell cycle and formation of tumours. Chromsomal abnormalities may also take place when chromosomes fail to attach to spindle fibres and the daughter cell either has one extra or one missing copy of chromosome after division. It leads to disorders like Down syndrome, Alzheimer disease and may other condition (Yoshida et al., 2013). 9. Rett syndrome is a rare neurological disorder of the brain that mainly affects girls. Its clinical manifestation includes small hand and foot, decreases size of head called microcephaly, repetitive hand movements and many others. It occurs due to mutation in the X chromosome; however its clear pathophsyiology is not clear. Autisms spectrum disorder is group of developmental disorders that affects normal life activities. Due to the wide range of symptoms associated with autism, the common concept of autism spectrum disorder came up. It impairs social interaction, verbal and non-verbal communication skills, behavior and specific interest of a child. Great debate exists regarding whether Rett syndrome should be classified as autism spectrum disorder or not. I feel that it can be classified as autism spectrum disorder because there is overlap of symptoms between the two diseases. In order to better understand the two disease and the type of neuropathological development in both case, a study was done that measures the symptoms using autism behavior checklist (ABC) in group girls with Rett syndrome. This data was then compared with girls with severe mental retardation. In relation to motor ability and development level, Rett syndrome scored higher than sever autism due to sensory scales. The Rett syndrome originally came in the 4th edition of Diagnostic and Statistical manual of mental disorder (DSM-4). Other diseases in this group included Asperger syndrome and childhood disintegrative disorder. Rett syndrome can be classified as autism spectrum disorder because certain medical characteristic of the disease is same as symptoms for autism. DSM-5 is related to new disorder which is completely different from autism and called as social communication disorder. Acccording to this Rett syndrome may not come under DSM or autism spectrum disorder at all. This is because if symptoms of mental disorders like anxiety and depression is not present in Rett syndrome, then it will not be diagnosed under DSM diagnosis of mental illness. This change is related to new guidelines for mental disorder classification (Huguet et al., 2013). 10. On the other hand, dyscalculia is associated with difficulty in comprehension of numbers and facts in mathematics. It can occur in all age group of people. This mathematical disability may be caused by injury in the brain. It is caused by a difference in the function and structure of the region of brain involved with mathematics. Butterworth Kovas, (2013) suggest this inefficiency may occur due to lesser grey matter in brain cells or reduced brain activity in the region of the brain that processes mathematics such as the intra parietal sulcus region. A brain imaging study showed that in children with dyscaclculia, there is decreased activity in parietal and frontal lobe of the brain involved with mathematical cognition. Damge or injury to parietal lobe also leads to this condition. The similarity in the two diseases lies in the fact both are learning disability and associated with structural and functional changes in brain. Due to the symptoms, dyslexia is often confused with dy scalculia. While dyslexia is the most common type of learning disorder, dyscalculia impairs writing, reading and number interpretation in children too (Lander et al., 2013). Thus these all categoreiies of ADHD that is related to behavioral disorder that occurs due to overactivity and impulsivity. Reference American Psychiatric Association. (2013).Diagnostic and statistical manual of mental disorders (DSM-5). American Psychiatric Pub. Bunford, N., Brandt, N. E., Golden, C., Dykstra, J. B., Suhr, J. A., Owens, J. S. (2015). Attention-deficit/hyperactivity disorder symptoms mediate the association between deficits in executive functioning and social impairment in children.Journal of abnormal child psychology,43(1), 133-147. Butterworth, B., Kovas, Y. (2013). Understanding neurocognitive developmental disorders can improve education for all.Science,340(6130), 300-305. Cuthbert, B. N., Insel, T. R. (2013). Toward the future of psychiatric diagnosis: the seven pillars of RDoC.BMC medicine,11(1), 1. Davis, M. I. (2014). Neurotrophic Factors and Ethanol Neurotoxicity. InHandbook of Neurotoxicity(pp. 1671-1732). Springer New York. DuPaul, G. J., Stoner, G. (2014).ADHD in the schools: Assessment and intervention strategies. Guilford Publications. Elizabeth Head, F. (2012). Alzheimer's Disease in Down Syndrome.European Journal Of Neurodegenerative Disease,1(3), 353. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4184282/ Frith, C. D. (2014).The cognitive neuropsychology of schizophrenia. Psychology Press. Harrington, A. W., Ginty, D. D. (2013). Long-distance retrograde neurotrophic factor signalling in neurons.Nature reviews Neuroscience,14(3), 177-187. Hartley, D., Blumenthal, T., Carrillo, M., DiPaolo, G., Esralew, L., Gardiner, K., ... Lott, I. (2015). Down syndrome and Alzheimer's disease: Common pathways, common goals.Alzheimer's Dementia,11(6), 700-709. Hirjak, D., Wolf, R. C., Stieltjes, B., Hauser, T., Seidl, U., Schrder, J., Thomann, P. A. (2014). Cortical signature of neurological soft signs in recent onset schizophrenia.Brain topography,27(2), 296-306. Huguet, G., Ey, E., Bourgeron, T. (2013). The genetic landscapes of autism spectrum disorders.Annual review of genomics and human genetics,14, 191-213. Just, M. A., Keller, T. A., Kana, R. K. (2013). A theory of autism based on frontal-posterior underconnectivity.Development and brain systems in autism, 35-63. Kahn, R. S., Keefe, R. S. (2013). Schizophrenia is a cognitive illness: time for a change in focus.JAMA psychiatry,70(10), 1107-1112. Kong, L., Bachmann, S., Thomann, P. A., Essig, M., Schrder, J. (2012). Neurological soft signs and gray matter changes: a longitudinal analysis in first-episode schizophrenia.Schizophrenia research,134(1), 27-32. Landerl, K., Gbel, S. M., Moll, K. (2013). Core deficit and individual manifestations of developmental dyscalculia (DD): the role of comorbidity.Trends in neuroscience and education,2(2), 38-42. Marchetti, F., Bishop, J., Gingerich, J., Wyrobek, A. J. (2015). Meiotic interstrand DNA damage escapes paternal repair and causes chromosomal aberrations in the zygote by maternal misrepair.Scientific reports,5. Park, H., Poo, M. M. (2013). Neurotrophin regulation of neural circuit development and function.Nature Reviews Neuroscience,14(1), 7-23. Ragland, J. D., Solomon, M. (2016). Categorical Dimensions of Social Impairment and Disrupted Functional Connectivity in Autism Spectrum Disorders: When Does Continuous Become Discrete?.Biological Psychiatry,80(2), 90-91. Ripke, S., O'Dushlaine, C., Chambert, K., Moran, J. L., Khler, A. K., Akterin, S., ... Kim, Y. (2013). Genome-wide association analysis identifies 13 new risk loci for schizophrenia.Nature genetics,45(10), 1150-1159. 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Expanding upon the extreme male braintheory of autism as a common link between other major risk factors: A hypothesis.Medical hypotheses,82(5), 615-618. Yoshida, K., Toki, T., Okuno, Y., Kanezaki, R., Shiraishi, Y., Sato-Otsubo, A., ... Kon, A. (2013). The landscape of somatic mutations in Down syndrome-related myeloid disorders.Nature genetics,45(11), 1293-1299.

Law of Agency free essay sample

The agent has power to affect the principal’s legal position vis-a-vis a third party e. g. by entering into a contract or disposing of the property of the principal. Agency has been defined in different ways by different scholars. According to Fridman in his book ‘Law of Agency,’ ‘Agency is the relationship that exists between two persons when one called the agent is considered in law to represent the other called the principal in such a way as to be able to affect the principal’s legal position in respect of strangers to the relationship by the making of contracts or the disposition of property. Bowstead has defined agency as: ‘The relationship that exists between two persons one of whom expressly or impliedly consents that the other should represent him or act on his behalf and the other of whom similarly consents to represent the former or so to act. We will write a custom essay sample on Law of Agency or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page ’ Prof. Powell defined an agent as: ‘A person who is authorized to act for a principal and who has agreed so to act and who has the power to affect the legal relationship of his principal vis-a-vis a third party. The American restatement of the law of agency defines agency as: ‘The relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control and consent. ’ In the case of Ikemefuna C. Amadiume Anor v. Mrs Agnes Solomon Ibok (2006) All FWLR pt 321 pg. 1247, the Court of Appeal defined an agent as: ‘Any person who acts for another in the capacity of deputy, steward, rent collector or any other agent or trustee on oath. ’ Also, in E. A. Okoyode v. FCDA (20006) All FWLR pt 298 pg 1200 at 1405, the Court of Appeal also defined an agent as ‘One who is authorized to act for or in place of another. ’ Here, the Court of Appeal was actually quoting the Black’s Law Dictionary 7th edition. Seavey defined agency as: ‘A consensual relationship. ’ This Seavey’s definition has received judicial approval in Garnac Grain Company Ltd v. HMF Faure Fair Clough Ltd. (1967) 2 All ER pg 353. In that case, Lord Pearson said, ‘The relationship of principal and agent can only be established by consent of the principal and the agent. They would be held to have consented if they had agreed to what amounts in law to such a relationship even if they do not recognize it themselves and even if they have professed to disclaim it. ’ Note that this statement has been criticized by Fridman. This is because this idea of consent as the basis of agency relationship is contestable because there are circumstances in which the agency relationship exists without the consent of the parties or even against the wishes of either one of them or even both of them. See for example Phibbs v. Boardman (1965) 1 All ER pg 849. In that case, the defendant who was not appointed as an agent but acted as one and made secret profits was compelled by the court to yield over the secret profits to the beneficiaries. This shows that some of the obligations of an agent are imposed by the law regardless of the agreement of the parties. There are other instances in which agency relationship is not by consent but by operation of law. Examples are agency of necessity and a deserted wife’s right to pledge the husband’s credit. AGENTS DISTINGUISHED FROM PERSONS IN SIMILAR CIRCUMSTANCES Agent and Trustee An agent and a trustee occupy similar position. Both the agent and the trustee deal with the property for and on behalf of another person. Whereas an agent deals with the principal’s property, a trustee does so, on behalf of the beneficiary. As a result, both of them can affect the legal position of the person on whose behalf they are acting. An agent can sell and transfer the principal’s property to a third party. A trustee can also transfer the trust property to a third party. Just as a principal can trace, in agency, his property in the hand of a thirdh, party, a beneficiary can also trace his trust property in the hands of a third party in trust elationships. A trustee is a fiduciary and an agent is also a fiduciary. They both occupy a fiduciary position. Therefore, an agent must not make secret profits just as a trustee. An agent and a trustee must not act in a way that will conflict with their duties. The following are however the major areas of distinction between the agent and the trustee. Whereas a trustee i s the legal owner of a trust property, an agent is not a legal owner of the principal’s property. Secondly, an agent can always represent the principal within the scope of his property. On the other hand, a trustee does not represent the beneficiary in the same way as the agent represents the principal. Thirdly, agency relationship to some extent is based on consent. A trustee and beneficiary relationship is not necessarily based on consent between the trustee and the settlor. Again, the relationship of principal and agent arises largely as a result of the manifestation of consent. Therefore, an agent normally creates a contractual relationship between the principal and a third party. Agents, Servants Independent Contractors All these people are engaged to act on behalf of another person. A master has a right of control on how a servant should carry out his duties. This right does not exist in the case of an independent contractor or possibly in the case of an agent. Note however that this control test in relation to servant, agent and independent contractor has been criticized to distinguish between the position of an agent and that of a servant. The essential distinction between an agent, servant and independent contractor is one of function. An agent is engaged to make contracts and to dispose the property of the principal. Truly, the duties can overlap in a single situation. This is because a single person can act both as a servant and an agent while being an independent contractor. A single person may perform the duties of these 3 categories. AGENT AND BAILEE A bailee is a person who has possession of goods from or for the owner of the goods for a specific purpose. The concept of bailment overlaps with that of agency especially where the agent receives possession as a factor or a mercantile agent. CREATION OF AGENCY Formalities There are no formalities required for the appointment of an agent and this has been adequately or succinctly put by Lord Cranworth in Pole v. Leask ‘No one can become the agent of another except by the will of that other person. His will may be manifested in writing or orally simply by placing another in a situation which according to ordinary usage of mankind that other is understood to represent and act for the person who has so placed him. ’ An appointment for example could be sending goods to an auctioneer or broker. Capacities The general rule is that both the principal and the agent must be capable of acting as principal and agent. This is governed by the general rule of contract. However, see what Lord Denning said in the case of Shepherd v. Cartwright (1953) 2 All ER page 608 particularly page 618-619 where he said ‘The appointment by an infant of an agent has always been void. ’ Incidentally, the same Lord Denning retracted in a later case of G v. G (1970) 3 All ER pg 546 at 549. It was held that: ‘An infant could appoint an agent to pay maintenance for the support of his illegitimate child, since that was a lawful act for him to do and one which he could be compelled to do. Where the principal suffers from mental disorder, the general rule is that the contract is nevertheless binding on him unless he can prove that he was so insane as not to know what he was doing and that this was known to the other party. See the case of Imperial Loan Company v. Stone (1892) 1 QB pg 599. Note however that in the case of Young v. Toynbee (1910) 1 KB pg 215, the insanity of the principal was held to terminate his agent’s authority automatically, a lthough the agent was not aware of the insanity. OBLIGATIONS OF AN AGENCY RELATIONSHIP Duties of an agent An agent having accepted to be an agent, has certain duties to perform. Such duties may arise from: The agreement he has entered into with the principal From the fiduciary nature of the agency relationship By and large, the following are the duties of an agent. Performance Where the agency is a contractual one, an agent must perform what he has undertaken to perform under the contract. This means that the agent is duty bound to carry out the contract that he has made to the principal. This is governed by the rule of contract. See Turpin v. Bilton (1843) 5 M G at pg 455. In that case, an agent was appointed by conduct to insure the principal’s ship. He failed to do so and the ship was lost at sea. It was held that the agent was guilty of a breach of contract and therefore, he was liable. It must be noted however that an agent is not bound to perform an illegal undertaking or a transaction which is null and void either at common law or under statute. See Cohen v. Kitttel (1889)2 QB d at pg 680. In that case, an agent was asked to take a bet for the principal. He failed to do so. The principal sued him for non-performance. It was held that betting was illegal and so the agent was not liable for breach of contract. Where the agency relationship is non-contractual, that is to say, where it is gratuitous, an agent is not obliged to perform the undertaking at all. It has been argued that in such an instance, the agent will not be liable for non-performance or failure to carry out his duty towards the principal. See Ibadan City Council v. Odukale (1972) 8 SC 128. The question has always been whether the agent of a gratuitous relationship is obliged to inform his principal of his intention not to perform. Prof. Powell for example in his book ‘Law of Agency’ concludes that there is a duty on the agent to inform the principal within a reasonable time and failure to do so will give rise to a liability in negligence. Note also that where an agent is instructed to buy specific goods, it is his duty to ensure that the goods supplied are in accordance with the specification. See Oto Hamman v. Senbanjo (1962) 2 All NLR pg 139. Obedience The agent must act in accordance with the authority which has been given to him by the principal. Such authority may either be express, implied or usual/customary authority. Within the usual or customary authority are duties that are general in such situations or the custom of a particular trade. These are called business customs, usages or instructions. The paramount consideration where there are no express instructions, usage or business custom to guide the agent is that the agent will have some discretion as long as he acts for the benefit of the principal. See Bonsor v. Musicians Union (1955) 3 All ER pg 518. An agent must keep within his authority and he must not disregard the instructions of the principal, even if this will benefit the principal. See Bertran Armstrong v. Godfrey (1830) 1 KNAP pg 301. In that case, an agent was instructed to sell stock at a certain price (85 pounds or more). He waited until the price came up to 85 pounds which was the price he was instructed to sell but he decided to wail further for a higher price. The price came down. He was held liable for not selling at the price he was instructed to sell. Note however that where the principal’s instructions are ambiguous, the agent may not be liable if he did what he considered to be reasonable and what he thought will benefit and interest the principal even though the principal never intended the act. Care and Skill An agent must perform his undertaking with due care and skill. All agents owe this duty to their principal whether the agency is contractual or gratuitous. Nevertheless, a distinction is usually drawn between the standard of care to be observed in each case. A gratuitous agent is only bound to display or show such skill as he in fact possesses. See Giblin v. McMullen (1868) LR pg 317. In that case, an agent who was acting gratuitously made a mistake when acting for his principal as a result of which the principal’s property was liable to forfeiture and was seized. It was held that the agent was not liable to the principal since he had exercised the same care and skill in respect of his property. On the other hand, a contractual agent must display or show the degree of skill which an agent in his position will usually display. Again, this distinction has been criticized by Prof. Powell in his book ‘Law of Agency’ at pg 304. The question is whether it is fair to hold a gratuitous agent liable for any lack of reasonable care not amounting to gross negligence. See Omotayo v. Ojikutu (1961) All NLR pg 901. Non – Delegation (personal Performance) The general rule is that an agent must perform his undertaking personally. The relationship of principal and agent is a confidential one. The rule is expressed in the Latin maxim ‘delegatus non potest delegare. ’ Therefore, the employment of a sub-agent by his agent is a breach of his duty to the principal unless he has been permitted either by law or by the agreement of the two parties. See Allan v. Europa Postal Services Ltd. (1968) 2 All ER pg 575. It must be noted however that there are certain exceptions to the general principle of delegatus non potest delegare. These include: The agent can delegate where the act is purely ministerial and not involving confidence or where it involves the exercise of discretion. Where the principal has expressly authorized the agent to delegate his power. Where the power to delegate can be implied from the circumstances of the case. See De Bussche v. Alt (1878) 8 Ch Div pg 286 An authority to delegate may and should be implied where the usage of the transaction permits it. Where the authority to delegate is derived from a statute or legislation. Respect of Principal’s Title or Estoppel An agent cannot deny the title of his principal to goods, money or land in his possession on behalf of his principal. The possession of the agent is the possession of the principal for all purposes including the acquisition of title under the statute of limitation. Note however that there are circumstances in which an agent may be able to refuse to assent to a claim by his principal to the principal’s title to property which are in his possession. E. g. if a third party is entitled to the property in question, the agent may set up the title of such third party i. e. us tertii, provided that the agent is defending on behalf and by the authority of the third party or if he has handed the property to him i. e. if he has already settled with the actual owner. Note however that an agent must not have knowledge of the adverse claim (the third party’s claim) at the time of taking possession. If he knows, then, he cannot setup the adverse claimant’s title against the pri ncipal. Duty to account An agent must pay over to his principal all the sums received by him on behalf of his principal. See Blaustein v. Maltz Mitchell (1937) 2 KB pg 142. This means that an agent must always keep his principal’s property distinct from his own and keep proper account of such property. See Ogbonnaya N. Godwin v. The Christ Apostolic Church (1998) 12 SCNJ pg 213 at 215. In that case, the appellant was a pastor in the respondent church. He supervised all the branches of the church in 2 eastern states and lived in a property which belonged to the Church in Enugu as his personage. He was dismissed in Nov. 1979 after serving the church for about 17 years. He refused to vacate the residential premises and was ejected by a court order after the determination of a suit for his ejection. In that action between the parties, the High Court made findings of fact to the effect that the appellant was an employee of the church. In this later action, the church as the plaintiff claimed against the appellant to render an account and hand over to the church several items of property which were alleged to be in his possession by virtue of his appointment and an account of all monies standing to the credit of the church in 2 named banks and in the personal custody of the defendant and/or his treasurer as at the 29th Nov. 979 and payment over to the plaintiff of the balance so found. The church also claimed against the defendant an injunction for him to stop parading himself as a pastor. The defendant denied being an employee of the church and being in possession of any of the properties of the church. It was also his contention that he was not an accounting party. The High Court held that the appellant was an accounting party who ought to account to his employer i. e. the churc h, but however, held that the issue of whether the appellant was an employee of the church from 1962 to 1979 was res judicata. The church appealed to the Court of Appeal against the judgment and the appeal succeeded to the extent that the defendant was ordered to render account to the church in respect of the two bank accounts. The Court of Appeal affirmed the findings of the High Court that the appellant was an employee of the church and that he had a duty to account to the church for all the properties and money in his possession in respect of his stewardship. The appellant’s appeal to the Supreme Court was dismissed. The Supreme Court held inter alia that: ‘It is the duty of every agent to keep the money and property of his principal separate from his own and that of any person. The right of a principal to have such an account rests upon the fiduciary relationship existing between him and the agent which term includes any person who acts for another in the capacity of deputy, steward, rent collector or any other agent or trustee. It is the first duty of an accounting party to be constantly ready with his account. The defendant/appellant in this case had not shown any willingness to do so. He neglected to do so. ’ Fiduciary Duties (Fidelity or Good Faith) An agent stands in a fiduciary relation to his principal and as such he must act in good faith and must not allow his interest to conflict with his duty. E. g. he must not make secret profits. The position of an agent who makes secret profit was considered at length by Lord Denning in Phibbs v. Boardman (supra). In that case, the defendant (solicitors) were treated as having acted as agents of a trust even though they were not appointed and it was held that some profits made by them when dealing with the trust property should be yielded over to the beneficiaries even though they had not acted dishonestly. Lord Denning said: ‘it is quite clear that if an agent uses property with which he has been entrusted by his principal so as to make profits for himself out of it without his principal’s consent, then, he is accountable for it to his principal. ’ The same rule applies when an agent makes use of a position of authority or when he uses information or knowledge so as to gain money for himself. The courts had held that such position of authority, information or knowledge is part of the property of the principal. It must be noted that even when the agent is not paid, he must not make secret profits from his position. See Turnbull v. Garden (1869) 20 LT pg. 218. In that case, an agent who was employed without commission to purchase an outfit for his principal’s son obtained a discount on the purchase but he charged the principal with the full price. It was held that the principal could not be compelled to re-imburse the agent more than the agent actually spent. The court further held that the agent could not make secret profits from the transaction. See also A. G. v. Goddard (1929) 98 LJKB 743. In that case, a police sergeant took bribe to conceal criminal offences. The court held that the money he took was an illegal profit. Similarly, in Reading v. A. G. (1951) 1 All ER 617, a soldier used his uniform to get drugs illegally through a police barrier. For this trouble he was bribed by a large amount of money. It was held that as he was acting illegally, he was bound to hand over his profit to the crown. Note however that if the principal knows about the agent’s secret profits and consents or does not object, then the agent is entitled to keep the profit. Duties of the Principal Remuneration Under a contractual relationship, the principal is bound to pay remuneration he has promised to pay the agent by agreement. Where the remuneration is expressly stated, the principal is bound to pay such remuneration once the agent has discharged his obligations under the contract. In case there is no express remuneration under the contract agreement, such remuneration may be implied into the contract agreement. The court will consider the language of the contract or any usage or custom of the business in determining whether such an implied term can be read into the contract agreement. It could also be shown that the agent was acting gratuitously such that the principal is not bound to pay him remuneration. See Taylor v. Brewer (1813) 1 M S 290. In that case, the agent agreed to accept such remuneration as should be deemed fit. The court held that the agent was not entitled to any remuneration under the agreement. This decision has been criticized by Powell in his book: Law of Agency. See also Bryant v. Flight (1839) 5 M W 14. In that case, the agent agreed to work for the principal in these terms: ‘The amount of payment I am to receive, I leave entirely to you. ’ The agent worked for 6 months and it was held that it was implied in the agreement that the agent was to get something for his work. Thus, he was able to recover a quantum meruit. Liability for remuneration arises only when it is earned i. e. it is only when the agent has been the direct or the efficient and effective a cause of the event upon which occurrence the principal has agreed to pay the agreed remuneration that liability to pay it arises. Therefore, if the agent has not been either direct or effective cause of that occurrence, then, the liability to pay the remuneration does not arise and the principal is not liable. In other words, the agent must have brought about the event leading to the payment of remuneration. The agent must show not only that he has achieved what he was employed to do, but also that his acts were essential to the bringing about of that result and not merely incidental to it irrespective of any express or implied agreement to pay remuneration. See the dictum of Eales CJ in Green v. Bartlett (1863) 14 CBNS 681: ‘If the relation of buyer and seller is really brought about by the act of the agent, he is entitled to commission although the actual sale has not been effected by him. ’ In that case, the agent was employed to sell a house at an auction but he failed to get a purchaser at the auction. A person X who was present at the auction asked the agent for the owner of the house and the agent told him. X then proceeded to enter into a contract or agreement directly with the principal. It was held that the agent was entitled to his remuneration. Note also that in order to find a legal claim for commission, there must not only be a causal relationship but also a contractual relationship between the introduction and ultimate transaction of sale. On this, see Toulman v. Millar (1887)58 LT 96. In this case, an agent was employed to find a tenant for a house. He actually found one but the tenant went ahead and bought the house. The agent asked the principal for remuneration but it was held that he was not entitled to any. Note that there may be no liability to pay remuneration even if there is an agreement to that effect and even if the agent has obtained what the principal wanted if any of the following occurs: If the transaction is illegal If the agent acts in breach of his duties e. g. where he has made secret profits. If the agent is guilty of negligence in the performance of his duty. If the agent is guilty of a misconduct. Indemnity This duty may be express or implied and the extent of liability for indemnity depends on the nature of the agreement between the principal and the agent and also on the ground of the business, the agent in order to make his principal liable in indemnity must have acted within the express, implies or usual authority. There is also no duty to indemnify an agent who acted unlawfully or who is in breach of his duty or who has acted negligently. Daron v. Fitzgerald (1840) vol. 6 B and NGS pg 201. THE SCOPE OF THE AGENT’S AUTHORITY The scope of agency authority determines the liability factor between principal and an agent in a contractual relationship. It also determines and delimits the authority of agency. By agent authority is meant the exact nature and the extent of the power possessed by the agent. This is the key feature of the agency because it involves the power of an agent to affect the principals laegal relation to the third party. This power flows from authority conferred by the principal or deemed to exist by law. It logically followed that, the principal is therefore bound by the Act of the agent, if what the agent has done was authorised by him. If the Act is not authorised by the principal, then of course, the principal is not bound. See the case of BISIONI Ltd V. NATIONAL BANK of NIG Ltd. There are four major categories, these are; Actual or Real relationship Apparent or ostensible authority (ESTOPPEL) Presumed authority (operation of the law) Authority by ratification. ACTUAL OR REAL AUTHORITY There is consent between principal and agent. This is so because there is consensus ad idem. It can be created in different ways : It may arise by parole (oral) It may arise by written or express form It may be created by deed (under seal) Where an agent is appointed to execute a deed, that agent must be appointed under seal. Therefore, the agency under actual or real authority may therefore e categorized under express authority, implied authority and usual or customary authority. When it is expressed, the terms are written or spelt out; it must be unambiguous, unequivocal and definite. An agency authority may also be implied from the position or conduct of the principal to the agent. An agency authority may also be usual in the sense that customs that are usual to the trade. Hence, authority may rise from such customs. OSTENSIBLE/APPARENT AUTHORITY This is predicated on estoppels. Estoppel simply means that where a party made it clear to the other party that a particular fact exists, he cannot make any other point to nullify the fact that he actually said so. Where the principal represents to a third party in a way that he had acted to the agent, the third party is made to believe that there is authority on the agent. Before a defense can be made three things must be made clear: There must be representation by the principal to the third party. The third party must have relied on the representation. The agent must have altered his own position i. e. he must have offered something. On the principle of apparent or ostensible authority i. e. authority by estoppel, see MABEL AYANKOYA 8 ORS V. AINA OLUKOYA ANR (1996) 2 SCNJ 292. The appellants were the 1st respondent’s customers while the second respondent was the 1st respondent’s clerk. Consequent upon the introduction of the second respondent to the appellant by the 1st respondent, the second respondent got money from the appellant but failed to supply beer to the appellant. The appellant sued the 1st and second respondent to recover their money. The Supreme Court held that if a person represents or permits it to be represented that another person has authority to act on his behalf, he will be bound in the same way as he would be if that other had in fact authority to act. This is based on the legal principles of estoppel and holding out. The court further held that the law always allows one man to authorize another to contract for him and bind him by an authorized contract. The legal effect is that he who does an act through another is deemed in law to do it himself. PRESUMED AUTHORITY This is the 3rd category, it can also be called authority by law like the apparent authority, and there is no consent on behalf of the principal for the agent to act for him but by what the law says. There are two categories of presumed authority: Agency of Necessity Agency of Co-habitation Agency by necessity occurs when the agent acts outside the authority of the principal if he is able to prove that he was necessitated to do so. Agency by co-habitation can be categorized into 3: Agency of a wife: in this type of situation, the husband will be liable only for goods that are necessaries and this would occur in a domestic establishment. Agency of a deserted wife—same thing applies. Agency of a mistress—same thing applies until co-habitation ceases. AGENCY BY RATIFICATION This is such that the principal was not aware that someone was acting on his behalf but at the time he knows, he accepts or ratifies. This is ratified into subsequent authority and antecedent authority. Certain elements must be present: The principal must be in existence as at the time the agent purportedly acted on his behalf. KELNER v. BAXTER The principal must be ascertained. The principal must be capable and competent. The principal must be aware of all material facts. The act must be of legal quality. It must be done within reasonable time. A major effect is that the moment the principal ratifies, the agent drops out of the relationship and the principal and 3rd party have known each other. A limitation is that it can’t take place where a particular interest has been directed. DISCLOSED PRINCIPAL AND UNDISCLOSED PRINCIPAL. A disclosed principal is the one whose existence had been revealed to the third party by the agent but whose exact identity remains unknown. The third party knows that the agent is contracting for someone who is unaware of the name of the principal. Whereas a named principal is the one whose name has been revealed by the agent to the third party and the 3rd party is aware that the agent is contracting as an agent and also knows the name of the person whom he was acting for. An undisclosed principal on the other hand is the one whose identity and existence is unknown to the third party. The third party does not know the identity of that principal neither does he knows that the agent was acting on behalf of another person. In the case of a named/disclosed principal, the third party knows that he is contracting with someone through the agent and not the agent personally whereas in the case of an undisclosed principal, the fact that the agent was acting for someone else is not revealed to the third party until after the contract had been made and it is only at this time that the third party discovers if he ever willed that an agency relationship capable of affecting his position is n existence. EFFECT OF AN AGENT ACTING FOR A DISCLOSED PRINCIPAL Contractual ability: The general rule is that where the agent has entered into a contract with the third party on behalf of a disclosed principal who actually exists and who had authorized such agent to make such a contract, the principal can sue and be sued by the third party on such contract. In this type of case/ there is a direct contractual relationship between the principal and the third party by the act of the agent. At the completion of the contract, the agent drops out of the picture and is not himself a party to the contract. The contract is between the principal and the third party. This position has the following implications in agency law: : The principal can sue the third party and the third party can also sue the principal. Please note that in this instance, the agent must have acted within the scope of his authority. An agent will be taking to be acting within the scope of authority if he has express, implied or real authority, he has apparent authority, he has presumed authority (where agency is created by necessity), if the agent’s unauthorized acts were validly ratified. If the agent was acting beyond his scope of authority i. e. actual, apparent or presumed, the principal cannot sue neither can he be sued upon such a contract. This is because the principal is not bound by an unauthorized act of the agent.

Free Essays on Market Indicators

Standard and Poor’s 500 stock index Unlike the Dow Jones industrial average, the Standard and Poor’s 500 stock index (S&P 500) is a value-weighted index. The S&P 500 index is usually considered the benchmark for U.S. equality performance. It represents seventy percent of all U.S. publicly traded companies. Part of the index’s popularity is due to its close association with the largest mutual fund in the world, the Vanguard 500 Index Fund, and Spiders, the first exchange traded fund. As the name suggests, the S&P 500 consists of 500 companies from a diverse range of industries. Contrary to a popular misconception, the S&P 500 is not a simple list of the largest 500 companies by market capitalization or by revenues. Rather, it is 500 of the most widely held U.S.-based common stocks, chosen by the S&P Index Committee for market size, liquidity, and sector representation. "Leading companies in leading industries" is the guiding principal for S&P 500 inclusion. A small number of international companies that are widely traded in the U.S. are included, but the Index Committee has announced that only U.S.-based companies will be added in the future. The S after all, it represents approximately 70% of the value of the U.S. equity market. The listed companies are highly diverse, spanning every relevant portion of the U.S. economy. The S&P 500 index also tends to be the default when people discuss "index funds," since index funds based on other indexes were not widely available until recently. Although it is a reliable index, it has its weaknesses. The index is comprised primarily of U.S.-based companies. The S&P 500 also has significant liquidity requirements for its components, so some large, thinly traded companies are ineligible for inclusion. And because the index gives more weight to larger companies, it tends to reflect the price movement of a fairly small number of stocks. Value Lin... Free Essays on Market Indicators Free Essays on Market Indicators Standard and Poor’s 500 stock index Unlike the Dow Jones industrial average, the Standard and Poor’s 500 stock index (S&P 500) is a value-weighted index. The S&P 500 index is usually considered the benchmark for U.S. equality performance. It represents seventy percent of all U.S. publicly traded companies. Part of the index’s popularity is due to its close association with the largest mutual fund in the world, the Vanguard 500 Index Fund, and Spiders, the first exchange traded fund. As the name suggests, the S&P 500 consists of 500 companies from a diverse range of industries. Contrary to a popular misconception, the S&P 500 is not a simple list of the largest 500 companies by market capitalization or by revenues. Rather, it is 500 of the most widely held U.S.-based common stocks, chosen by the S&P Index Committee for market size, liquidity, and sector representation. "Leading companies in leading industries" is the guiding principal for S&P 500 inclusion. A small number of international companies that are widely traded in the U.S. are included, but the Index Committee has announced that only U.S.-based companies will be added in the future. The S after all, it represents approximately 70% of the value of the U.S. equity market. The listed companies are highly diverse, spanning every relevant portion of the U.S. economy. The S&P 500 index also tends to be the default when people discuss "index funds," since index funds based on other indexes were not widely available until recently. Although it is a reliable index, it has its weaknesses. The index is comprised primarily of U.S.-based companies. The S&P 500 also has significant liquidity requirements for its components, so some large, thinly traded companies are ineligible for inclusion. And because the index gives more weight to larger companies, it tends to reflect the price movement of a fairly small number of stocks. Value Lin...

S4 W8 Second WA Assignment Example | Topics and Well Written Essays - 500 words

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Compare and contrast the marketing strategies of two major brands, Essay

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