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.

Virginia Hall Biography

Virginia Hall Biography Virginia Hall Goillot (born Virginia Hall, April 6, 1906 – July 8, 1982) was an American spy who worked with the British Special Operations Executive during World War II. Her effectiveness as a spy earned her the â€Å"honor† of being considered the most dangerous Allied spy by the Nazi German regime. Fast Facts: Virginia Hall Known For: Renowned spy who assisted the French Resistance during World War II, working for both British and American intelligence and becoming one of the Nazis most-wanted enemies.Born: April 6, 1906 in Baltimore, MarylandDied: July 8, 1982 in Rockville, MarylandSpouse: Paul Gaston Goillot (m. 1950)Honors: Member of the Order of the British Empire (1943), Distinguished Service Cross (1945), Croix de Guerre avec Palme Early Life and Education Virginia Hall was born in Baltimore, Maryland, to Barbara and Edwin Hall. Her name, Virginia, was her mother’s middle name. As a young girl, she attended the all-girls preparatory school Roland Park Country School. She eventually attended Radcliffe College and then Barnard, the prestigious women’s college, studying foreign language including French, German, and Italian. With her parents’ support, Hall went to Europe to finish off her studies. She traveled extensively on the Continent, studying in Austria, France, and Germany in the late 1920s, with the goal of working in the diplomatic corps. In 1931, she began working at the American embassy in Warsaw, Poland, as a clerk for the Consular Service; this was intended to be a stepping stone for a full-fledged career in the Foreign Service. However, in 1932, Hall had a hunting accident that resulted in the partial amputation of her leg. Forced to adapt to life with a wooden leg she nicknamed â€Å"Cuthbert,† her traditional diplomatic career was over before it began. Hall resigned from the Department of State in 1939 and returned to Washington, D.C., where she attended graduate school at American University. Special Operations Executive In 1940, as World War II spread across Europe, Hall was in Paris. She had joined the Ambulance Service to help in the war effort in France, but she wound up in Vichy territory when France fell to the invading Nazis. Hall was able to leave France and get to London, where she volunteered for the Special Operations Executive, the British espionage organization. Using the cover of a reporter for the New York Post, Hall spent over a year in Vichy France, working to coordinate the activities of the French Resistance. In 1942, she worked alongside noted SOE operative Peter Churchill on a couple of missions, involving the delivery of money and agents to the French spy networks. Hall worked primarily in and around Toulouse and Lyon. Hall’s work was discreet, but she quickly got on the radar of the occupying Germans. Nicknamed â€Å"the limping lady,† she was deemed one of the regime’s most wanted. In 1942, Germany seized all of France, and Hall needed to escape quickly. She narrowly escaped Lyon by train, then hiked through the Pyrenees to make it to Spain. Throughout the ordeal, her sense of humor remained intact- she transmitted to her SOE handlers that she hoped â€Å"Cuthbert† wouldn’t give her trouble during her escape. She was briefly arrested for crossing into Spain illegally, but was released with the help of the American embassy. For about a year, she worked with the SOE based out of Madrid, then returned to London, where she was recognized with an honorary Member of the Order of the British Empire. Continuing Intelligence Career After completing her work with the SOE, Hall’s spy career wasn’t over. She joined the equivalent American organization, the Office of Strategic Services, Special Operations Branch, and requested a chance to return to France, still under Nazi occupation. Granting her request, the OSS sent her to Brittany, France, with a false identity and a code name. Over the course of the next year, Hall mapped out safe zones for supply drops and safe houses, worked with the major Operation Jedburgh, personally helped train Resistance fighters in guerilla warfare, and sent a constant stream of reporting back to Allied intelligence. Her work continued up until the very end of the war; Hall only ceased reporting once Allied forces caught up to her and her team in September 1945. Upon returning to the United State, Hall married Paul Goillot, a former OSS operative himself. The pair both transitioned into work at the Central Intelligence Agency, where Hall became an intelligence analyst, specializing in French parliamentary affairs. Both Hall and Goillot were assigned to the Special Activities Divison: the CIA division focused on covert operations. Retirement, Death, and Recognition After fifteen years at the CIA, Hall retired in 1966, moving with her husband to a Barnesville, Maryland, farm. She died sixteen years later at the age of 76 in Rockville, Maryland, and is buried nearby. During her life, Hall was awarded some of the most prestigious honors in the world. Not only was she made an honorary MBE, but she also received a Distinguished Service Cross, the only such award given to a woman in World War II, from the American government. The French, meanwhile, awarded her a Croix de Guerre to honor her work in occupied France. After her death, the honors continued: she was commemorated in 2006, on what would have been her 100th birthday, by the French and British ambassadors to the United States, and she was inducted into the Maryland Women’s Hall of Fame in 2019. She remains one of the most effective and honored spies in American history. Sources Pearson, Judith L. The Wolves at the Door: The True Story of Americas Greatest Female Spy. Guilford, CT: The Lyons Press, 2005.Purnell, Sonia. A Woman of No Importance: The Untold Story of WWII’s Most Dangerous Spy, Virginia Hall. Hachette UK, 2019.â€Å"Virginia Hall: The Courage and Daring of ‘The Limping Lady’.† Central Intelligence Agency, 8 October 2015, https://www.cia.gov/news-information/featured-story-archive/2015-featured-story-archive/virginia-hall-the-courage-and-daring-of-the-limping-lady.html.

Business Organization Analysis Essay Example | Topics and Well Written Essays - 250 words

Business Organization Analysis - Essay Example ector, the organizations would experience major turbulence in their performance and hence, require experimenting new strategies to cross the barriers, for remaining successful.(Milliken & Lant, 1991)† (Miller et al., 1998). On the operational level, T-mobile would require utilizing strategic planning objectives, which react to the changes in the industry and reflect to same in an effective manner, as the industry faces instability and uncertainty. However, for the industries belonging to stable industrial sector, the strategic planning objectives, on operational level, would mean maintaining the operational status quo, while ensuring the positive growth for the company. Subsequent to government deregulations, T-mobile has been able to formulate a stimulated dynamic business environment in United States, while the company aims at forming strategy to stay ahead by providing excellent products and services to the consumers. Accordingly, it appears that the company is functioning well, in terms of strategic, planning and operational levels, as the company is offering innovative products, considering the rapidly changing customer preferences, while aiming to remain better, cheaper and faster, when compared to its competitors. In this direction, two models of mobile phone, brand-named as â€Å"sidekick† has many innovative features, including â€Å"Myspace† application, while making the mobile as the ultimate messaging device. In addition, high definition LCD technology with a large WQVGA screen can be witnessed in â€Å"Sidecick LX† model. (T-mobile, 2009) However, the company seems to be still facing tough competition from American Wireless operators like Verizon and AT&T, as it may require doing more, on operational level for matching their market share. While control is the function of planning process, T-mobile needs better coordination between control and planning, to achieve the above goal, as the company is no-where near the top wireless companies in America, in

Compare and Contrast Buddhism and Daoism Essay Example | Topics and Well Written Essays - 2250 words

Compare and Contrast Buddhism and Daoism - Essay Example ine being; it does not have worship, praying to, or praising of a divine being (although some sects do.) It offers no form of redemption, forgiveness, no heavenly hope, or a final judgment to those practicing its system. Buddhism is a moral philosophy, an ethical way to live for the here and now of this world to gain the ultimate state. It has more in common with humanism and atheism than its original religion Hinduism it separated from. But Buddhism is not atheism just because they don’t believe in a personal God. It is more like pantheism, there is an impersonal force the void which is the ultimate. For centuries, Buddhism has been the dominant religion of the Eastern world and still remains the predominant religion in China, Japan, Korea, as well as Southeast Asia. In Japan alone there are approximately 200 sects. This makes it difficult to address this religion as a whole since it can be so diversified.1 Gautama, whose personal name according to later sources was Siddhartha, was born in ancient India. It is believed that he was born in the city of Lumbini and raised in Kapilavastu, near the modern town of Taulihawa, Nepal. The traditional story of his life is as follows; little of this can be regarded as established historical fact. Born a prince, his father, King Suddhodana, was supposedly visited by a wise man shortly after Siddhartha was born and told that Siddhartha would either become a great king (chakravartin) or a holy man (Sadhu). Determined to make Siddhartha a king, the father tried to shield his son from the unpleasant realities of daily life. Despite his fathers efforts, at the age of 29, he discovered the suffering of his people, first through an encounter with an elderly man. On subsequent trips outside the palace, he encountered various sufferings such as a diseased man, a decaying corpse, and an ascetic. These are often termed The Four Sights.† After abandoning asceticism and concentrating instead upon meditation and Anapanasati

Stategy And Change Essay Example | Topics and Well Written Essays - 2500 words

Stategy And Change - Essay Example Accepting the fact that change is inevitable individuals and businesses have directed effort to equip for change management than resisting to retain current status. Change management, simply stating implies efforts and mechanism employed for the meeting the demanding pressures of adaptability from change. Jung (2001) defined change management as transition from one stage of existence to the other. In accordance with Jung (2001) the stage from which the individual and business are attempting to move from can be defined as the state of problem whereas the state to which the efforts are intended to direct the subject is the state of problem solution. Change management is broad domain of study. Change management can be required in the product portfolio, business processes, organisational culture, people, technology, structure and so on so forth (Daft and Marcic, 2006). Each aforementioned sub- domain, though not limited to, has its own expansions. For instance the change management in th e technological domain has been among factors that have taken lead in today’s organisational context. ... team based structure from traditional formats of increasing hierarchy levels. Apart from the change management in various components of business another classification of change has been emergent change and the planned change. Former refers to the situation where business on whole or the processes are forced to change with the changing business environment. The latter mode of change is one in which organisation deliberately plan to change. For example, organisations in the contemporary business world are forced to infiltrate efficiencies in their business model that are mere necessary for survival. Marks and Spencer being among the most preferred brands of UK faced steep decline in sales in 1990 due to increased low cost offerings in UK market from competitors having manufacturing set ups in cheap labour emerging markets. In contrast to M&S strategy of providing â€Å"Made in UK† incurred increased cost. Therefore, M&S had to adapt to change with business model shifting manufa cturing from local country to low cost emerging countries. While planned change example can be seen as today’s businesses are moving towards sustainable business models such as improving entire business processes to energy efficient process or using renewable energy etc. Planned change has significant distinction from the other changes mainly. As name implies the planned change is intentionally initiated by the people for particular purpose. Further also noticeable fact is that planned change has preparations done and planned it accordingly. However, even within planned change the response to change varies such as some change implementation requires autocratic imposition whereas participative methodology is also adopted based on the wide range of

Reflective Essay on Dementia

Reflective Essay on Dementia My first administrative position in mental health was working on a Geriatric Psychiatric unit of the local hospital. Many of the patients were elderly patients with Alzheimers. This was my first experience with Alzheimers disease and the effects it has on their families. Alzheimers is the most common type of dementia and is incurable, degenerative, and terminal (Wikipedia) . Symptoms of Alzheimers begin slowly and become worse until they interfere with daily life and patients are unable to even carry on conversations. Families become caregivers for their loved ones who dont know who they are any more. The prognosis is not good for patients afflicted with this type of dementia but researchers continue to look for new treatments and possible preventions. A few of the Alzheimers patients I worked with on the Geriatric unit are very memorable. There was a gentleman who was in the moderate to severe stage of the disease. His job for most of his life was that of a hospital administrator. My office door was always open and some patients would wonder in time and again. My office must have triggered something in him because he would come in and need to sign papers. He would sit in my office for hours and sign papers. Another patient was a woman who had 12 children. She was always wondering the unit looking for her babies. The nurses bought her a baby doll and she carried it everywhere and it also calmed her down. Another aspect of Alzheimers is sundowners syndrome. Many of the Alzheimers patients would start to get agitated between 4:00 and 5:00 p.m. They would become more aggressive, oppositional and agitated. Sundowners syndrome is an increased time of memory loss, confusion, agitation, and even anger. For family members who care for Alzheimers patients, witnessing an increase in their loved ones symptoms of dementia at sunset can be nothing short of troubling, if not also painful, frightening, and exhausting (Sundowners Syndrome). Alzheimers is not a new disease. Alzheimers was first described by German psychiatrist and neuropathologist Alois Alzheimer in 1906. In 1901, Alzheimer observed a patient at the Frankfurt Asylum named Mrs. Auguste Deter. The 51-year-old patient had strange behavioral symptoms, including a loss of short-term memory. This patient would become his obsession over the coming years. In April 1906, Mrs. Deter died and Alzheimer had the patient records and the brain brought to Munich where he was working at Kraepelins lab. Together with two Italian physicians, he would use the staining techniques to identify amyloid plaques and neurofibrillary tangles (Wikipedia). Amyloid plagues are extracellular deposits that consist of a dense core of a protein known as B-amyloid, surrounded by degenerating axons and dendrites, along with activated microglia and reactive astrocytes, cells that are involved in destruction of damaged cells. Neurofibrillary tangles consist of dying neurons that contain intra cellular accumulations of twisted filaments of hyperphosphorylated tau protein (Carlson, 2008). These abnormal structures are also found in brains of patients with Down syndrome. Unlike Down syndrome, Alzheimers is a progressive degenerative disease that gradually destroys a persons memory and daily functioning. Currently Alzheimers is diagnosed by symptoms, and only confirmed by brain examination after death. There are warning sides of Alzheimers disease that include memory loss that disrupts daily life. Challenges in planning or solving problems when there were no problems before. Difficulty completing familiar tasks or leisure activities they a person used to do. Confusion with time and place, which is what most people know about Alzheimers. This is when family members forget where they are going or days of activities. Trouble understanding visual images and spatial relationships or new problems with words speaking or writing. Misplacing things and the inability to retrace steps. Decreased or poor judgment and withdrawal from work and social activities. Changes in mood and personality, which is another warning sign that most people are also familiar with from media, etc. Grandma turns from sweet to irritable (Stages and Warning Signs of Alzheimers). The Alzheimers Association is a strong national organization that supports and funds Alzheimers research. Their website has a vast amount o f information on symptoms, treatment, prevention and research of this disease. Taken from their website there are seven stages of Alzheimers. They include: Stage 1 where there is no impairment. Stage 2 there is very mild decline. Stage three there is mild decline. Stage four there is moderate decline. Stage five there is moderately severe decline and stage six and stage seven there is severe decline and very severe decline (Stages and Warning Signs of Alzheimers). The current major treatment for Alzheimers is medication management and each stage of Alzheimers requires a different medication. Mild to moderate Alzheimers is treated with cholinesterase inhibitors. These types of medications are prescribed because they may help delay or prevent the symptoms from becoming worse for a time and also help manage behaviors. The medications include: Razadyne (galantamine), Exelon (rivastigmine), and Aricept (donepezil). Another drug, Cognex (tacrine), was the first approved cholinesterase inhibitor but is rarely prescribed today due to safety concerns (Alzheimers Disease Medications Fact Sheet, 2010). Most people have heard of Aricept because is used often and advertised on the media more so than others. Moderate to severe Alzheimers is treated with a drug that regulates glutamate, an important brain chemical. The medication known as Namenda (memantine), an N-methyl D-aspartate (NMDA) antagonist. Aricept has also been approved by the FDA to treat modera te to severe Alzheimers. These drugs main effect is to delay progression of some of the symptoms and they may allow patients to maintain certain daily functions a little longer than they would without the medication. The medication may help a patient in the later stages of the disease maintain his or her ability to use the bathroom independently for several more months, a benefit for both patients and caregivers (Alzheimers Disease Medications Fact Sheet, 2010). There is research going on to provide diagnosis by a simple blood test, this was reported by American researchers just last month. Also, other researchers have shown spinal fluid tests, which require a spinal tap, can detect early changes that signal the onset of Alzheimers. Imaging companies such as privately held Avid Radiopharmaceuticals, General Electrics GE Healthcare and Germanys Bayer are racing to finish clinical trials on new agents that can make brain lesions called plaques visible on positron emission tomography o r PET scanners (Anonymous, 2010). Researchers also are looking at any possible prevention or slow down of the disease. Currently at Rush University is leading a nationwide clinical trial of a nutritional drink to determine whether it can improve cognitive performance in people with mild to moderate Alzheimers. The study follows recently released results from an earlier trial conducted in Europe showing that the drink, called Souvenaid, improved verbal recall in people with mild disease who were followed for three months (Anonymous., 2010). Alzheimers affects approximately 10 percent of the population above the age of 65 and almost 50 percent of people over the age of 85 years (Carlson, 2008). The number of Americans age 65 and older who have this condition will increase from the 5.1 million today to 13.5 million by mid-century. A recent report from the Alzheimers Association states that the cost of Alzheimers to the United States will be $20 trillion over the next 40 years. Changing the Trajectory of Alzheimers Disease: A National Imperative shows that in the absence of disease-modifying treatments, the cumulative costs of care for people with Alzheimers from 2010 to 2050 will exceed $20 trillion, in todays dollars (Report: Alzheimers disease to cost United States $20 trillion over next 40 years, 2010). Statistics taken from the Alzheimers Association break it down as follows; Alzheimers disease costs business $24.6 billion in health care. In the US 7 out of 10 people with Alzheimers live at home where 75% of costs are absorbed by the family. The remaining 25% of care costs cost an average $19,000 a year. It is estimated that Alzheimers caregivers cost business $36.5 bill ion. This includes the costs of absenteeism and lost productivity. The average cost of a nursing home in the US is $42,000 a year. However in some areas those costs can be at least $70,000. Medicare costs for beneficiaries with Alzheimers disease were $91 billion in 2005. Medicare costs are expected to increase by 75% to $160 billion in 2010. Medicaid expenditures on residential dementia care were $21 billion in 2005. These costs are estimated to rise by 14% to $24 billion in 2010( (Kennard, 2010). The stress of caregivers for loved ones with Alzheimers is high. The frustration and challenges of caring for an adult who no longer complies with reasonable requests is a daily consequence of a loved one with Alzheimers. There are many support groups and resources for caregivers. Some tips for managing an Alzheimers patient is to have patience, be flexible, reduce frustration, reduce choices, reduce distractions to create a safe environment (Research, 1998-2010). Patience and flexibility are easy to figure out. Patience because a patient with Alzheimers will be oppositional at times, will not know their caregiver at times as well as not remember family members. The Alzheimer patients mood and reactions to daily tasks will change sometimes daily as the disease progresses. Flexibility with caring for Alzheimers patients is tied into their changing needs and abilities from day to day. Reducing frustration, choices and distractions would be like raising a toddler. Not too many choices or distractions for them to be overwhelmed with. A safe environment is pretty clear and we hear about Alzheimers patients wandering off reported on the news more often. Alzheimers patients who have been left in an unsecured house or got into a unlocked car. Doors should always be locked so the Alzheimers patient is unable open or figure out how to open. The car is easy to figure out, keep it locked! Take the car keys are keep them on you or hidden. There was a poem on the Geriatric unit w all where I worked. The author is unknown and it is taken from Coach Frank Broyles Playbook for Alzheimers Caregivers.  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  The poem is a good reminder of what Alzheimers is all about and a good conclusion to this report.   Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚  Ãƒâ€šÃ‚   Do not ask me to remember. Dont try to make me understand. Let me rest and know youre with me. Kiss my cheek and hold my hand. Im confused beyond your concept. I  am sad and sick and lost. All I know is that I need you, to be with me at all cost.   Do not lose your patience with me. Do not scold or curse or cry. I cant help the way Im acting, cant be different though I try. Just remember that I need you,  that the best of me is gone. Please dont fail to stand beside me, love me till my life is done.

The Driving Age :: essays research papers

Many teens are interested in being able to drive at a younger age, but it is still unclear if they are able to handle it. If the legal driving age is lowered, are we endangering the lives of teen drivers, as well as the passengers with them? I believe most people want to drive as soon as they can. However, recently the government has been trying to pass laws that may change the current driving age of 16. There are positive and negative aspects to changing the laws that allow the driving age to stay at 16.There have been new bills being proposed that mite be passed. â€Å"The Minister for Urban Services has introduced a Bill (proposed law) into the Assembly. He wants to amend the Road Transport (Driver Licensing) Act 2000. The new Bill is called the Driving Age Amendment Bill. This Bill is intended to raise the age at which people can apply for a learner’s permit and driver’s license.† (Legislative Assembly). This bill will raise the driving age if it is passed b ut the aspects of what will happen should be considered before we change it. There are many different reasons why we should keep it at 16. First off it’s a good working system that we have followed for a long time. Another good reason that helps this concept is that the teenagers are still in school so it’s easier for them to take drivers training. If there are more drivers that ultimately mean that more people will be paying for insurance. There are also the reasons why we should change it from 16. Like for instances most 16 year olds aren’t responsible enough to drive. â€Å"The facts show that younger drivers (those between ages 16 and 25) receive more citations, are more likely to have their driving privilege suspended, and are responsible for more accidents than drivers in any other age group.† (Dr. Steven Evans). Another reason is that it’s a high cost own a car when they are making so little money. If we were to raise the driving age it would most likely be changed to 18. The best reasons for raising it to 18 would probably be that they are more responsible. â€Å"Children are not equipped to handle these vehicles, which are hard for even an experienced, adult driver to handle.† (Ron Shaffer) They have More money because of there jobs and if you go away from home you need a license.