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For an agency of necessity to be created fungus gnats self watering pot discount 10 mg lotrisone with amex, the following factors must be present: (a) the principal must not have given express instructions to the contrary; (b) it must be impossible for the agent to get instructions from the principal; In Sims v Midland Railway Co (1913) fungus gnats worm bin buy lotrisone cheap online, a claim of agency of necessity failed on the ground that the railway company could have secured the instructions of the principal fungus free cheap lotrisone online. In this case antifungal hair shampoo order lotrisone 10mg, a cargo of tomatoes being shipped by the railway company was delayed during a dock strike. Held: there was no necessity, since the railway company could have contacted the owners and secured their instructions. They claimed the cost plus the cost of subsequent storage charges from the owner as agents of necessity. These requirements were laid down in Prager v Blatspiel, Stamp and Heacock (1924). This was because the agent, who sold furs belonging to the principal without authority, could have retained the furs (since they were not perishable) until such time as he could have communicated with the principal. Agency by reason of cohabitation There is a presumption that a female cohabitee has the authority of the male cohabitee, to pledge his credit for necessaries. This presumption may be regarded as anachronistic, dating as it does from the time when the woman was regarded as the manager of the household and the man as the breadwinner. There appears to be no reason why, in modern times, the presumption could not be applied in circumstances where the male manages the household while the woman is the breadwinner, or indeed, between cohabiting same-sex couples where one adopts a household management role while the other adopts the breadwinning role. Although the legal theory behind this type of agency could be the subject of a fascinating debate (Professor Treitel, for example, thinks that the agency arises from implied authority), it is not important enough in commercial practice to merit further debate here. However, because the relationship of principal and agent is one which it is often easy for the agent to abuse, equity has imposed a number of fiduciary duties (that is, duties of which the basic requirement is loyalty) upon the agent. Thus, in domestic law the duties of an agent come from two sources: (a) duties under the contract of agency; and (b) duties imposed by equity. Agents not covered by the Regulations As we have seen from the above definition, agents who are not involved in buying and selling goods will not be covered by the Regulations, for example, solicitors, insurance brokers, travel agents, etc. In addition, the Regulations expressly exclude officers of a company, (for example, directors and company secretary) or an association, partners and any person who acts as an insolvency practitioner (the Directive names receiver, receiver and manager, liquidator or trustee in bankruptcy). The Regulations also do not apply unless the agency is a continuing one so that, for example, the employment of an auctioneer for a one-off transaction would not be covered. In Parkes v Esso Petroleum (1999), the issue arose of a licensee of a petrol station whose main activity was to sell fuel oils mainly by self-service on 485 Law for Non-Law Students behalf of Esso. It was held that because the majority of the sales in the petrol station were self-service, the claimant did not negotiate those sales. Duties of an agent under the Regulations Regulation 3 of the Commercial Agents (Council Directive) Regulations 1993 provides: (1) In performing his activities a commercial agent must look after the interests of his principal and act dutifully and in good faith. It can be seen that the Regulations cover agents employed to effect introductions as well as agents employed to complete sales. Regulation 5 contains a prohibition on derogation from reg 3 (and 4, which deals with the duties of a principal to his agent). We will see that the controversial provisions of the Regulations relate not to the duties of the agent or principal, but to the fact that they introduce a statutory right to compensation in the event that the agency is discontinued, somewhat akin to the right of an employee to claim unfair dismissal. This concept of compensation is entirely new to English law, so that we may look forward to increasing litigation in which agents who may be on the borderline of the Regulations, seek to bring themselves within the scope of the Regulations in order to claim compensation. There has been no effort to rationalise the law relating to agency in order to incorporate the regulation and so there is a significant overlap between the Regulations and the common law. It may well be that because the duties of an agent under the Regulations are so similar to those developed by English law, the case law developed in English law will continue to be relevant for the purpose of interpretation of the regulations. In any case, we need to know the duties of an agent under domestic law because a significant number of agents (that is, all those who supply services rather than sell goods) will continue to be subject only to domestic law. However, if the contract which the agent is asked to make is illegal (in the sense that it is void or unenforceable-not in the sense that it breaches the criminal law), the agent will not be liable if he fails to make the contract. In Cohen v Kittell (1889), the principal instructed the agent, who was a horseracing commission agent, to place a number of bets for him. The agent failed to do so and the principal sued him in respect of the winnings which the principal had failed to receive as a result. Held: the agent was not liable since the contract he was asked to make was a wagering contract and, as such, was illegal. Duty to carry out the agency with due care and skill Section 13 of the Supply of Goods and Services Act 1982 implies a term into all contracts under which a service is provided, that the service will be carried out with due care and skill. This is a duty which arises contractually but it also arises independently from the tort of negligence. This might be more than academic, since the rules relating to remoteness of damage are different in contract and in tort, so that there may be some situations in which a contract action is more advantageous and some in which negligence is more advantageous.
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The bending stress magnitude is zero at the neutral axis and is linearly proportional to the distance y from the neutral axis antifungal ysp order lotrisone 10 mg with visa. This relationship is expressed by the familiar bending stress equation: x = - P A P B My I (4 anti fungal tree spray order lotrisone visa. The maximum bending stress occurs at the outer fibers and is expressed as max = Mc I (4 antifungal krema discount 10 mg lotrisone overnight delivery. In such situations the effects of the combined loadings must be properly accounted for fungus covered scale tunic trusted lotrisone 10 mg. Formulas for the geometric properties (A, I, Z) of typical beam cross sections can be found in Appendix A and are also provided as computer files on disk. If a beam has significant curvature, then the neutral axis will no longer be coincident with the centroidal axis and equations 4. The neutral axis shifts toward the center of curvature by a distance e as shown in Figure 4-16. The convention is to define a positive moment as one that tends to straighten the beam. This creates tension on the inside and compression on the outside surface from a positive applied moment and vice versa. For pure bending loads, the expressions for the maximum stresses at inner and outer surfaces of a curved beam now become: F F 4 i = + o = - M ci eA ri M co eA ro (4. If the radius of curvature r is large compared to c, then the beam looks more "straight" than "curved. The free-body diagrams in Figure 4-17b show that there is now an axial force as well as a moment on the cut section. The equations for stress at the inside and outside of the beam become i = + o = - M ci F + eA ri A M co F + eA ro A (4. Shear Due to Transverse Loading the more common condition in beam loading is a combination of both shear force and bending moment applied to a particular section. Figure 4-18 shows a point-loaded, simply supported beam and its shear and moment diagrams. This element is dx wide and is cut in from the outer fiber at c to a depth y1 from the neutral axis. Figure 4-18 shows that at point A, the moment M(x) is increasing as a function of beam length x, due to the presence of the nonzero shear force V at that point. Since the normal stress due to bending is proportional to M(x), the stress on the lefthand face of P is less than on its right-hand face, as shown in Figure 4-19b. For equilibrium, this stress imbalance must be counteracted by some other stress component, which is shown as the shear stress in Figure 4-19b. The force acting on the left-hand face of P at any distance y from the neutral axis can be found by multiplying the stress by the differential area dA at that point. Thus, for any particular cross section, we should expect the shear stress to vary across the beam. It will always be zero at the outer fibers because Q vanishes when y1 becomes equal to c. These results are very fortuitous, since the normal stress due to bending is maximum at the outer fiber and zero at the neutral axis. Thus their combination on any particular element within the cross section seldom creates a worse stress state than exists at the outer fibers. The shear stress due to transverse loading will be small compared to the bending stress Mc / I if the beam is long compared to its depth. Since the magnitude of the moment function is equal to the area under the shear function, for any given value of V in Figure 4-18, the area under the shear function and thus the maximum moment will increase with beam length. So, while the maximum shear-stress magnitude remains constant, the bending stress increases with beam length, eventually dwarfing the shear stress. A commonly used rule of thumb says that the shear stress due to transverse loading in a beam will be small enough to ignore if the length-to-depth ratio of the beam is 10 or more. Short beams below that ratio should be investigated for transverse shear stress as well as for bending stress.
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A difficulty arises in that if the card is used in the machine of another bank anti fungal lung treatment order cheap lotrisone online, the withdrawal may not be debited immediately fungus king twom cheap lotrisone 10mg. Therefore fungus drink lotrisone 10mg visa, there would be a provision of credit which would be within the definition of a regulated agreement antifungal laundry detergent cheap lotrisone 10mg with amex. In order to cover this potential anomaly, s 89 of the Banking Act 1987 makes the transaction exempt. Many cards are multi-function, that is, they enable the holder to withdraw cash from his bank account and they enable him to obtain cash, goods or services on credit. If a card is used as a credit card then the agreement will be a regulated agreement within the meaning of the Act. Debit cards Debit cards enable bank customers to allow a third party (usually a retailer) to receive payment from their respective current accounts immediately at the point of sale. However, it is exempt from regulation under the Act by virtue of s 89 of the Banking Act 1987. Such cards simply offer a guarantee that providing the payee of a cheque complies with the conditions, the main one being that the payee must write the guarantee card number on the back of the cheque, the bank will guarantee payment of the cheque up to a specified limit, providing the cheque is given in respect of one particular transaction. Charge cards these allow the holder to obtain cash, goods or services against the production of the card. They are not linked to the debiting of a bank account and therefore 522 Chapter 24: Consumer Credit are credit tokens within the meaning of s 14. Where they differ from credit cards is that the issuer of the card expects the balance to be paid in full following the issue of a periodic statement to the holder. Charge cards are exempt from regulation by virtue of the Consumer Credit (Exempt Agreements) Order 1989 because of the obligation to discharge the balance in one payment. It should be noted that although users of Visa and Mastercard credit cards are able to take advantage of connected lender liability under ss 56 and 75 of the Act, the fact that charge cards are exempt means that those who pay by such cards are not able to take advantage of connected lender liability. It can be seen that although a number of payment cards are credit tokens, within the meaning of s 14, and create debtor-creditor-supplier agreements, only credit cards are regulated agreements since the remainder are exempt. Liability for unauthorised misuse ends once the card holder has given oral or written notice that it is lost or stolen or liable to misuse for any other reason, providing the credit token agreement contains particulars of the name, address and telephone number of a person to whom notice must be given. The credit agreement may require oral notice to be confirmed in writing within seven days. It is, 523 Law for Non-Law Students therefore, not a bad idea to pay for important items such as holidays with your credit card, even if you intend paying off the full amount when your statement arrives. If the holiday fails to materialise or is defective, you will then be able to claim against the supplier of the credit: very useful if the tour operator who has contracted to supply your holiday has become insolvent! Section 56 contains a provision to the effect that in negotiations conducted by a credit-broker for restricted-use credit or negotiations conducted by a supplier either for restricted-use credit or unrestricted-use credit where a preexisting arrangement exists between the supplier or the creditor, the negotiator is deemed to be conducting the negotiations as agent for the creditor as well as in his actual capacity. This seems to mean that any misrepresentation in antecedent negotiations will be the liability of the creditor as well as the negotiator. Where a borrower takes out a personal loan (say, from his bank) even though it is for a particular purpose, unless there is a pre-existing arrangement between the bank and the supplier (which is unlikely), neither s 56 nor s 75 will apply. In deciding whether the rate is grossly exorbitant, the court must have regard to: (a) prevailing interests rates; (b) factors applicable to the debtor which include: his age, experience, business capacity and state of health, and the degree and nature of the financial pressure he was under when making the credit bargain; (c) factors applicable to the creditor which include: the degree of risk accepted by him, having regard to the value of any security provided; his relationship to the debtor; and whether or not a colourable cash price was quoted for any goods or services included in the credit bargain. This is sometimes done in order to make it appear that a debtor has paid a deposit when, in fact, he was unable to . In Barcabe v Edwards (1983), an agreement was re-opened where the flat rate of interest was 100%, giving an annual percentage rate of over 300%. Thus, the interest rate was grossly exorbitant in relation to prevailing rates of interest.
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