UK Commercial Law Scenarios and Questions Essay

UK Commercial Law Scenarios and Questions - Essay Example An implied agency under the agency by estoppel was created between Tom and Jerry since it was a verbal appointment. 1 An agency by estoppel states that whereas an agency can in general arise by the will of the principal, he may nevertheless so conduct himself leading another to believe that someone is his agent and he is then estopped from denying this fact. For instant, if a person is allows another to order goods on his behalf and always pays for them, then he will be estopped from denying the authority to a third person who relied on the appearance. (Emerson, 2003) This agency by estoppel is as effective as an agency intentionally created. The rule of estoppel is based on the principle of holding out and is not confined to contracts of employment only. (Jertz and Miller, 2004) Since there existed an agency relationship between Tom and Jerry, Tom need to be advised that Jerry might bring a case against him for refusing to accept the Land Rover he bought on his behalf knowing very well that Tom would be very happy with the purchase. Since Jerry was engaged to act as an agent by Tom (principal) whereby he ordered and paid for animal feed on his behalf we can say that Tom acted for undisclosed principal. When he was ordering the animal feed for Tom, he would not have disclosed that he was an agent engaged by Tom since they would not have sold the animal feeds for them because Tom had been banned from their premises. Tom on the other hand needs to be aware that, since his goat had ran amok causing a lot damages to the animal feeds supplier, a case can be brought against him. The animal feed supplier may sue him for trespass by cattle under the law of tort. A trespass by cattle of a person we usually treated as if he has committed it himself. If a man's cattle, poultry, sheep or goats trespass on another's land, the owner of such animals becomes liable for trespass and must pay damages for the damages caused to the plaintiff's crops or property. If the cattle trespassed without causing any damage, the owner is still liable to pay damages because trespass is actionable per se. 4 A relevant case studied under trespass by cattle is that of:- Anderson v. Buckton of 1815 In this case, the defendant's cattle affected by contagious disease trespassed on an adjoining pasture and infected the plaintiff's cattle. It was held that the defendant was liable for damage arising from the spread

Art Essay Example | Topics and Well Written Essays - 500 words - 57

Art - Essay Example The dark paintings illustrates the dark moments that were being experienced at that time. The artist tried to bring out the real situation in his society. The picture shows the status quo of the time in Honduras . This was the period that the massacre happened and so the artist has tried to depict the real situation of how the leader was comfortably sited while the nation was at war. The picture captures the hearty vitality that the painting shows. Via strong and concrete auditory and visual images and through the strong measured rhythm, it reveals that situation was worse and yet leaders were not in control of it. th picture is ironical to the real situation as the leader was supposed to to be at ease at such an alarming war situation. The picture can be described mage that focuses on a painting of warfare where a community or village participates in an aggressive manner. . The picture utilizes onomatopoeia to try and make the painting appear real. It can be deduced that the annoying sounds in the paintings can be used to help describe the violent aspect of the situation as further as endorsed by the colors. The picture was intended to show critical moments and records of events and details of the history people’s life during that time. It intends to shade more light on the painting by showing that people preserve their hope and depict determination to persevere hard conditions. That is the message that is contained in this painting as presented by the painter. Through the work, it is easy to learn and understand more about war life of that period and the people who inhabited it.. The painter had in his mind a moral slant in that lust, anger and gluttony are vividly seen in the painting. More so, the picture reveals the painters intention of bringing out the message that despite having leaders, the situation was wanting. This picture cannot understand support its themes without referring to the art work because the theme