Tuesday, April 14, 2020
The Walt Disney Corporation Essay Example
The Walt Disney Corporation Essay The Walt Disney Corporation is one of the largest mass media companies in the world owning TV and radio networks, Internet sites, theatres, theme parks, music studios, magazines etc. They publish childrenââ¬â¢s books, produce cartoons, computer software, and toys among many other things. For more than 70 years Disney animated films have been a popular form of childrenââ¬â¢s entertainment and part of many childrenââ¬â¢s lives worldwide. It is not an exaggeration to say that these films have also contributed to and influenced the shaping of childrenââ¬â¢s values, beliefs and imagination. Therefore, being one of the most dominant storytellers and having such a huge influence on childrenââ¬â¢s culture in general, the Disney Company and the array of images and stereotypes they offer to the public should be approached critically and analysed.In this essay I will be focusing on the female gender stereotypes reinforced in three Disney animated films Snow White and the Seven D warfs, The Little Mermaid and Beauty and the Beast and on the notions of femininity that these films portray. Furthermore, I will be analyzing what kind of effects these particular stereotypes and representations of femininity may produce on girls and young women. Most predominant female gender stereotypes that these films reinforce are the following:1. a womanââ¬â¢s appearance is valued more than her intellect;2. a womanââ¬â¢s role in society is to be a housewife;3. a woman should get married to find true happiness, and4. a womanââ¬â¢s life is shaped by male influences.The female characters depicted in these three Disney animated films are very narrowly stereotyped and throughout the entire films constantly hyper sexualized. It can not be said that basically they differ from each other in trying to initiate or actively participate in shaping their destinies, but are merely bystanders, watching as their future unfolds. My stand on this stereotype is that new generations ar e constantly taught to see women as not trying to present themselves as intellectual individuals but simply as pretty faces trying to accomplish their goals in life by using their beauty as their only tool for success.The stereotypical portrayal of young women and the Disney Companyââ¬â¢s ideology of physical beauty demonstrated in their animated films have not changed since the release of their first animated film, Snow White and the Seven Dwarfs, in 1937. Snow White was the first Disney Princess to be portrayed in a way that would become characteristic of all Disney Princesses: she had red lips, straight hair, perfect complexion, a skinny body, and a beautiful face. Naturally, she was gifted with a very soft voice enchanting all around her when she sang, whether she was sad or happy. Snow White was so beautiful that her beauty brought her an enemy embodied in her stepmother, who, in disguise, fed her with a poisoned apple which put her into a deep slumber. The fairest one of al l had her life spared by the hunter simply because she was too beautiful to be killed (Wachutka, 2007). The female images presented in this film can be harmful to the young women since they put emphasis on the false idea that the greatest quality a woman can possess is beauty.Similarly to Snow White and the Seven Dwarfs, the animated film The Little Mermaid (1989) accentuates the importance of beauty by advising girls through the filmââ¬â¢s messages that they should sacrifice in order to achieve the perfect body since that is, according to the Disney Company, a womanââ¬â¢s most important attribute after all. It is not an overstatement to say that the Disney Company implies a physical transformation to be the best way to win a manââ¬â¢s love. The main protagonist in the film, the mermaid Ariel, is willing to trade her voice, that is, her means of communicating and expressing her intellect and personality for human legs, thus becoming what society wants her to be ââ¬â a s ilent and obedient pretty face. Ariel decides to undergo the process of transformation after Ursula, the evil sea witch and the mastermind behind the idea of Arielââ¬â¢s trade, convinces Ariel that she need not worry about losing her voice because she will ââ¬Å"have (her) looks, (her) pretty faceâ⬠, and should ââ¬Å"not underestimate the importance of body language,â⬠because ââ¬Å"on land itââ¬â¢s much preferred for ladies not to say a word; itââ¬â¢s the one that holds her tongue that gets her manâ⬠(Clements Musker, 1989).Therefore, it is clear that the film supports the idea that it is not intellect what is valued in a woman in society, but her pleasing appearance and obedience, the qualities which are bound to ââ¬Ëget her a manââ¬â¢. Arielââ¬â¢s body supports the same idea, teaching girls from an early age that they have to have a tiny waist if they want to be pretty. Even Ursula, when transforming to a human in an attempt to steal Prince Er icââ¬â¢s love, does so by becoming a tall and slender girl with red lips, straight hair and perfect complexion, which are the same characteristics that Snow White possesses.The Disney Company further underestimates the importance of a womanââ¬â¢s intellect in the scene where Arial having sung about her aspirations for the intellectual pursuit of the human knowledge swiftly turns her thoughts towards Prince Eric. Her high aspirations are demonstrated in the lyrics of the song ââ¬ËPart of Your Worldââ¬â¢ which Ariel sings while in her hidden cavern which holds all of her treasures: ââ¬Å"Iââ¬â¢m ready to know what the people know, ask them my questions and get some answers What is a fire and why does it burn?â⬠(Clements Musker, 1989).In Beauty and the Beast (1991) it is Belleââ¬â¢s beauty and loveliness that tame the Beastââ¬â¢s savagery. The confirmation for this statement is the fact that the kindness and understanding of his household staff were not eno ugh to stop his terrorizing and violent behaviour. The only person who could put things right was Belle. The Disney Company once again emphasizes that if a woman is pretty enough and sweet enough, she could transform an abusive man into her prince forever. According to Maio (1998), this stereotypically implies that in real life ââ¬Å"women are responsible for controlling male anger and violence.â⬠It is important to call attention to another symbolism in this film. Unlike any other Disney Princess, Belle is gifted with a passion for reading. Her hopes and aspirations for constant advancement are accentuated at the beginning of the film where she can be heard repeating the sentence: ââ¬Å"There must be more than this provincial life.â⬠(Trousdale Wise, 1991) Yet, the Disney Company could not allow Belle to be ââ¬Å"too intelligentâ⬠. They needed to clarify to the viewers that the books she was reading were just an easy read, pointing out that her favourite book is a bout ââ¬Å"far-off places, daring sword fights, magic spells, and a prince in disguiseâ⬠(Trousdale Wise, 1991). A prince in disguise is, of course, the most important link in the chain here, as the story itself will prove. Belle suggests this by stating that her favourite part of that book is ââ¬Å"where she (the character of the book sheââ¬â¢s reading) meets Prince Charming.â⬠(Trousdale Wise, 1991)As seen in these examples, the flat portrayal of young women, not reflecting what females really are and what their true goals in life should be, creates the false representation of the notion of femininity which can have a strong impact on young girls. Bearing in mind the fact that girls at the very young age try to understand what being a woman really means and how they should behave when they grow up, I find that the effects these films can have on them can be quite negative, instilling a false system of believes about the values a woman should possess.It is clear th at, on the example of both Snow White and the Seven Dwarfs (1937) and Beauty and the Beast (1991), there is a shortage of diverse jobs that can be ascribed to women. Actually, the female characters are not even given the choice of the kind of careers they could pursue and strive to accomplish during the films. Apparently, it seemed perfectly ââ¬Ënaturalââ¬â¢ for the Disney Company to decide upon ââ¬Ëthe careerââ¬â¢ of a housewife for their ââ¬ËPrincessesââ¬â¢ to follow. Here, it is quite evident that the only reason for this decision was the promotion of a stereotype that a womanââ¬â¢s natural abilities are those of a ââ¬Ëhouse servantââ¬â¢ and nothing else.The film Snow White and the Seven Dwarfs (1937) clearly promotes the stereotype that women are ââ¬Å"natural-born happy homemakers who live in a state of suspended liveliness until a man gives them a lifeâ⬠(Maio, 1998). The moment Snow White enters the dwarfsââ¬â¢ house she feels a natural urg e to clean it from top to bottom, in spite of the fact that she does not know who lives in it. This way, she highlights that her true talents and worth lie in her abilities to clean and cook. She uses these abilities hoping that the tenants will provide her with accommodation, and, thus, give her more opportunities to cook and clean ââ¬â ââ¬Å"If you let me stay, Ill keep house for you. Ill wash and sew and sweep and cook.â⬠(Hand, Cottrell, Jackson, Morey, Pearce, Sharpsteen, 1937)It is also worth mentioning that Snow White instantly associates the filth and disorder of the house with the idea that whoever lives in the house does not have a mother. In her mind it is as clear as a bell that if they did, it would be their motherââ¬â¢s role to keep the house in order, since that is a womanââ¬â¢s true calling in life. In spite of the fact that she enters the house in tiny high heeled shoes, she immediately sets to work to clean it, singing all along as though she has m erely continued her stroll through the woods.In Beauty and the Beast (1991), the Disney Company use the narrow-minded townspeople to typify Belleââ¬â¢s intelligence and strength as eccentric and to demonstrate the general view of society of the position of women. In the lyrics of the song ââ¬ËBelleââ¬â¢ we are able to witness their gossiping ââ¬Å"The girl is strange, no question, dazed and distracted Never part of any crowd, cause her heads up on some cloud. No denying shes a funny girl, that Belle. With a dreamy, far-off look, and her nose stuck in a book, what a puzzle to the rest of us is Belle.â⬠(Trousdale ; Wise, 1991) Her interest in books won her the title of ââ¬Å"a funny girl who has her head in the cloudsâ⬠. The message which Disney is trying to convey here is that women are not supposed to seek knowledge, because it is not the part they are supposed to play in the society. In the film, the most admired man in the village, Gaston, confronts Belle abo ut her interest in books and clearly illustrates that it is not a womanââ¬â¢s role to be interested in reading and intellectual pursuit when he tells Belle, ââ¬Å"Itââ¬â¢s not right for a woman to read, soon she starts getting ideas, thinking.â⬠In the following dialogue between Belle and Gaston, he explains the role a woman should have in society:Belle: ââ¬Å"What do you know about my dreams, Gaston?â⬠Gaston: â⬠Plenty! Picture this ââ¬â a rustic hunting lodge, my latest kill roasting on the fire and my little wife massaging my feet, while the little ones play on the floor with the dogs. Well have six or seven strapping boys like me.â⬠(Trousdale Wise, 1991)A woman is therefore portrayed as a housewife with her sole occupation being working in the house and taking care of her husband and their children.Through their films the Disney Company provides the young girls with the knowledge that they live in a male-dominated world and tries to instil a beli ef that most a woman can hope for is to fall in love and get married, and even then she would have to rely on her man for assistance in life. In each of these films the only way possible for the female character to be freed from her undesirable future, whether it is being a servant/housewife, living in a poor village or under the sea, was through assistance from her Prince Charming or her father. The Disney Company did not make it possible for its heroines to take a personal action and create a better future for themselves.Instead of emphasizing the process of Snow Whiteââ¬â¢s survival in the film Snow White and the Seven Dwarfs (1937), Disney accentuates the role of the Prince and his contribution to the solution of the question of life and death. This way Snow Whiteââ¬â¢s importance as a character is diminished in comparison with Princeââ¬â¢s. Snow White helplessly awaits the Princeââ¬â¢s kiss since no one but him has the power to wake her up. Throughout the film she c onstantly longs for her man to find her and sings about her waiting for him to come so that she can spend an idyllic life in a castle ââ¬Å"Someday my prince will come; someday weââ¬â¢ll meet againâ⬠¦ Iââ¬â¢m wishing for the one I love to find me.â⬠(Hand et al., 1937) In the end, her hero indeed comes and bestows her with a life ââ¬Å"happily ever afterâ⬠.The Disney Princess Ariel, the main character of The Little Mermaid (1989), is ready to do anything to have handsome Prince Eric fall in love with her. She disobeys her stern but loving father, King Triton, and even makes a bargain with the sea witch to exchange her lovely voice for human legs. What is more, she abandons her perfect life under the sea, her family and friends for a man she hardly even knows. She puts all the effort she can to be part of her princeââ¬â¢s world, however, the only result which this effort brings is that she merely shifts from being under the control of her father directly to being Prince Ericââ¬â¢s wife. She is never independent.Not having been kissed by Eric before sunset on the third day (after she had gotten her human legs), as was specified in her deal with Ursula, Ariel, for the time being, did not accomplish her dream of staying human and being with Eric. However, at the end of the film, with the help of her father, King Triton, Ariel does achieve her dream. It is only with her fatherââ¬â¢s approval and his magic powers that she obtains human legs again and marries Prince Eric. Therefore, fifty two years after their first animated film Snow White and the Seven Dwarfs (1937), the Disney Company did not bother to change the stereotypical ending to their romantic films. For a woman to achieve true happiness and lead a secure life, she has to have a man by her side, whether it is her father or her beloved.In Beauty and the Beast (1991) Gaston is presented as the ââ¬Ëspecimenââ¬â¢ of manliness and depicted as ââ¬Å"tall, dark, strong and h andsome bruteâ⬠(Trousdale Wise, 1991). Through him the Disney Company reinforce their idea of a conventional kind of masculine identity. When it comes to women he is predominantly vain and rude believing that women are only good for being housewives and mothers. This is observable in his first conversation with Belle:ââ¬Å"Belle, its about time you got your head out of those books and paid attention to more important things me. The whole towns talking about it. Its not right for a woman to read. Soon she starts getting ideas and thinking.â⬠(Trousdale ; Wise, 1991)He wants to marry Belle so that he would be able to boast about it and so that she could give him sons whom he could mould at will. In his attempt to dominate and control Belleââ¬â¢s world he organizes a ââ¬Ësurpriseââ¬â¢ wedding for him and Belle without having previously proposed to her. He is even ready to go as far as to put her father into an asylum so that he could blackmail her into marrying h im.However, unlike both Ariel and Snow White, Belle does not jump in the arms of the ââ¬Ëfirst opportunityââ¬â¢ that presents itself. Her refusal to marry Gaston when he tells her that he is yearning to make her his ââ¬Å"little wifeâ⬠challenges the standard stereotype, though only temporarily and for the purposes of the happy ending. Belle cunningly ââ¬Ëservesââ¬â¢ her refusal to Gaston by telling him what every conceited man wants to hear:â⬠I just do not deserve you.â⬠(Trousdale ; Wise, 1991) The temporary false illusion which the Disney Company create here, gives us the impression that they truly think how ââ¬Å"women are ultimately in charge of their fateâ⬠(Wynn, 2010). Nevertheless, this animated film, just like the other two, ends in the same, Disney fashion, with ââ¬Å" and they lived happily ever after!â⬠which once again implies that in order to achieve true happiness a woman has to find and marry her perfect man.The stereotypical messages which these films promote about women being incapable of living without having a man in their lives could have a negative influence on young girls denoting that women are weak and that they can only live a satisfactory life with a man by their side.In spite of the fact that many social changes have occurred over the past century improving the position of women within society, it strikes me that there is still a great deal of sexual discrimination against women widely reinforced through gender stereotypes seen in the media. It is my concern that the gender images in Disney animated films, which take a massive part in childrenââ¬â¢s culture, have not evolved to match the changes that have occurred in society. Instead, they remain stereotypical and quite similar over the years recurring in the portrayal of each and every of Disney Princesses. Bearing in mind that Disney films have a significant influence on the development of childrenââ¬â¢s understanding of the world, an d that the Disney Company actually profits from childrenââ¬â¢s false illusions, it is every adultââ¬â¢s responsibility to take a stand against the moral corruption by spreading a critical attitude towards stereotypes and discrimination present in these films.
Wednesday, March 11, 2020
Worked Empirical Formula Chemistry Problem
Worked Empirical Formula Chemistry Problem The empirical formula of a chemical compound gives the ratio of elements, using subscripts to indicate the number of each atom. Its also known as the simplest formula. Here is how to find the empirical formula, with an example: Steps for Finding the Empirical Formula You can find the empirical formula of a compound using percent composition data. If you know the total molar mass of the compound, the molecular formula usually can be determined as well. The easiest way to find the formula is: Assume you have 100 g of the substance (makes the math easier because everything is a straight percent).Consider the amounts you are given as being in units of grams.Convert the grams to moles for each element.Find the smallest whole number ratio of moles for each element. Empirical Formula Problem Find the empirical formula for a compound consisting of 63% Mn and 37% O Solution for Finding the Empirical Formula Assuming 100 g of the compound, there would be 63 g Mn and 37 g OLook up the number of grams per mole for each element using the Periodic Table. There are 54.94 grams in each mole of manganese and 16.00 grams in a mole of oxygen.63 g Mn Ãâ" (1 mol Mn)/(54.94 g Mn) 1.1 mol Mn37 g O Ãâ" (1 mol O)/(16.00 g O) 2.3 mol O Find the smallest whole number ratio by dividing the number of moles of each element by the number of moles for the element present in the smallest molar amount. In this case, there is less Mn than O, so divide by the number of moles of Mn: 1.1 mol Mn/1.1 1 mol Mn2.3 mol O/1.1 2.1 mol O The best ratio is Mn:O of 1:2 and the formula is MnO2 The empirical formula is MnO2
Monday, February 24, 2020
Articles of Change Research Paper Example | Topics and Well Written Essays - 250 words
Articles of Change - Research Paper Example Labor Market Effects of Wal-Mart Expansion, by Basker (2008), the rationale for change entails trends in the labor market as Wal-Mart operations expand. Need for change is influenced by variant factors in the organizational setting. In Aparna, Hui, and Hyuntakââ¬â¢s text, streamlined employment laws and regulations act as the external pressure driving the underlying change. On the other hand, change in Baskerââ¬â¢s text is driven by market forces in the labor market as business expansion creates job opportunities. In the contemporary times, globalization is increasingly becoming a critical pressure behind need for change. In the two publications presented above, this pressure is essentially in play. International linkages and relations have redesigned labor markets across the globe, and they have also influenced global demographics in the workplace (Leslie & Linda, 2012). The chosen publications exhibit both commonalities and differences. Both articles address trends in the labor market. While the first one focuses on workplace demography, the second one evaluates growth and development of the labor force subject to organizational expansion. Therefore, different approaches are employed to capture trends in labor demand and supply. Change in the organizational context is designed to enhance organizational performance. In this respect, an organization pursues change as it deems it necessary relative to the set organizational goals and objectives. Therefore, all organizational changes are legitimate, but what matters is their urgency. The urgency of organizational change is influenced by the actual operations that constitute the change. In the light of the chosen publications, changes regarding workplace demography are more urgent than shifts in labor demand and supply that are triggered by organizational expansion. This is because expansion plans can spread over a long period of time, within which workplace demography is
Saturday, February 8, 2020
Does America Have a Foreign Policy by Mark Funkhouser Article
Does America Have a Foreign Policy by Mark Funkhouser - Article Example The fact that the governor intervened with a new solution that was appealing to the people was commendable, though it did not go down well with the Ferguson police department. However, it does point out that governance has to be approached from an open-minded perspective as Governor Jay Nixon did. Working solutions have to be implemented in the short-term period then seek long-term solutions later. Similarly, Feather Oââ¬â¢Connor Houston believes that governance has to be approached with transparency and commitment to bring about the much-needed changes. She uses the example of the veteranââ¬â¢s healthcare issues that had not been addressed for a long time. She is right to insist that reforms in the public sector has to be approached with competence so that the results can be timely, convenient and of good high quality. In what appears to be a summary assessment on leadership, Michael Brenner explores the loop side of the Obama administration and ponders to ask whether America does have a foreign policy. The author argues that since Obama took over as the president, there has been no tangible evidence of American foreign policy. The author is right to observe that indecisiveness by the Obama administration on such matters are responsible for the rise of IS and Moscowââ¬â¢s interference on Kiev. Brenner is also right to observe that political advisors should be people with experience, not political campaigners as Obama may have done. Brenner, Michael (2014, October 13).
Wednesday, January 29, 2020
Freudââ¬â¢s Theory of Psychosexual Development Essay Example for Free
Freudââ¬â¢s Theory of Psychosexual Development Essay Sigmund Freud, born in 1856 was an Austrian neurologist who would later go on to found the discipline of psychoanalysis. He is best known for his theories of the unconscious mind and repression and his concept of the dynamic unconscious suggesting that it is our unconscious mind that determines how we as individuals behave, Freud also believed that the unconscious mind established sexual drives as the dominant motivation of human life. He considered the unconscious mind as being the source of mental energy which determined behaviour, basing his findings on the results of his use of hypnosis where he found that he was able to produce and remove symptoms of hysteria. There have been numerous approaches in the field of psychology that have put forward the belief that behaviour is directed by an individualââ¬â¢s goals but the idea behind a goal-directed unconscious is an original Freudian concept. The main underlying belief of this theory is that any individualsââ¬â¢ behaviour is the direct result of the influences that prior experiences have had on them where these influences have an even greater effect if they are from our childhood. Freud believed that our early experiences formed the solid foundations on which we would build the structure of our life and that the adult personality is indeed formed in childhood according to the situations, treatment and feelings experienced as a child. Freud defined the human psyche as comprising of three parts, the unconscious or sub-conscious containing material that we are unable to bring into our conscious awareness and therefore unknowable. The preconscious which consists of information that is not at the present moment in our conscious awareness but is stored in our memory and can if need be easily recalled to the conscious level; and the conscious part of our mind which is where all current and new incoming content is processed. Within these parts operate the Id, the Ego and the Super Ego that work together to create complex human behaviours. The Id is the only part of our personality that is present from birth and is entirely unconscious, seeking instant gratification and fulfilling instinctive human needs. The Id is governed by the pleasure principle desiring the fulfilment of all desires, needs and wants. If these are not immediately satisfied this results in a state of anxiety or tension. The Id serves of great importance early on in life, a child will cry as aà result of their Id if they are hungry or in discomfort and ensures that their needs are met. Later on in life it is not always realistic or indeed possible to immediately satisfy such needs, it would be morally and socially unacceptable for us to just help ourselves to other peoples things in order to satisfy our own needs and wants and so later in childhood our Ego comes in to play. The Ego is responsible for dealing with reality and acts to ensure that the impulses of the Id are satisfied in a way that is acceptable to the real world and functions in the conscious, preconscious and unconscious parts of our mind. The reality principle weighs up the pros and cons of an action before deciding whether or not to act upon the impulse. Often the impulses of the Id can be satisfied but through delayed gratification with the Ego allowing the behaviour at an appropriate time and place. The Ego is a part of the Id th at has been somewhat modified and rounded by external factors in the environment in which we live. Freud originally used the word Ego to mean a sense of self but later revised it to represent a set of psychic functions such as judgement, control, intellectual functioning and memory. Finally we develop our Super Ego. The Super Ego is the part of our personality that holds our morals and ideals that we have acquired from our parents and environment and acts as a voice for right and wrong. As with the Ego it is present in the conscious, preconscious and unconscious parts of our mind. The Super Ego consists of two parts, the Ego ideal which sets out the rules and standards for good behaviour. Conformity to behaviours that are approved of by our parents and people in positions of authority give us feelings of pride and accomplishment. The second part of the Ego is the Conscience which holds information on all the things that are viewed as being bad by our parents and the society in which we live. Behaviours that are forbidden or at the very least frowned upon and fill us with feelings of guilt and remorse. The perfection principle of the Super Ego strives to suppress any unacceptable desires of the Id and to make our Ego act upon idealistic rather than realistic standards. One of Freuds better known theories and also one of the most controversial is that of psycho-sexual development. He proposed that an instinctual libido is present in all of us from birth and develops in five stages. First is the oral stage which occurs from birth up until around the age of eighteen months. The main focus here being theà gratification and pleasures the infant receives through feeding. Children in this stage place objects into their mouths in order to orally explore their environment. At this young age the child is entirely dependent on their carers and thus develops a sense of trust and comfort in relation to those carers. This stage is dominated by the Id as at this point the Ego and Superego have not yet fully developed and all actions are based on the ââ¬Å"Pleasure Principleâ⬠. The key experience for a child in the oral stage of development is weaning, allowing the child to become less dependent on their caretakers. Freud said that too much or too little gratification may lead to an oral fixation, which Freud claimed could result in them developing a passive, immature, manipulative personality. This fixation could present in an adult as issues with eating, smoking, nail biting and aggression. The second stage of psycho-sexual development is the anal stage taking place between around 18 months to three years old. Freud believed at this stage that the primary focus of the libido was on controlling bladder and bowel movements. Toilet training is the key experience here which brings into conflict the Id that demands immediate gratification and the Ego that demands delayed gratification. The resulting outcome of this conflict is heavily influenced by the parenting style that a child receives during toilet training. The ideal resolution of this conflict is a gradual adjustment whereby the child adjusts to moderate parental demands, learning the values of physical cleanliness and self control. Freud suggested that if parents over-emphasized toilet training or punished accidents then the child may develop what we term as an anally retentive personality, with the potential to become obsessively concerned with neatness and order. On the other hand if the parents were too lenient then the child may develop an anally expulsive and destructive personality whereby they are self-indulgent, messy and wasteful. Faeces and money are often linked in psychodynamic literature and according to Freudian theory; attitudes to money can reveal what the individual experienced during toilet training. The third stage of psycho-sexual development is the phallic stage taking place between the ages of three and six. During this time a child begins to gain awareness of its body and also the bodies of their parents and otherà children, in particular genitalia. They begin to explore their genitals and learn the physical differences between male and female. During this stage boys experience what Freud termed as the Oedipus complex whereby the child wishes to remove his father in order to gain full attention of his motherââ¬â¢s affections. This urge to eliminate the father is controlled by what he termed as castration anxiety and so instead the child learns to imitate the father. Girls experience what Carl Jung in 1913 termed as the Electra complex where instead she wishes to remove the mother in order to gain full possession of her father. Freud however rejected this term as being psycho-analytically inaccurate believing that the reasoning behind the Oedipus complex applied only to male children and that it was wrong to share this analogy between the two sexes. He did however believe that girls experienced what he termed as penis envy and that initially the child experiences a lot of anger towards their mother for not sharing the same appendage as their father but in time they learn to identify with their mother in order to possess their father. Freud was very much influenced by the death of his father in 1896. In the three years following the death of his father, Freud became preoccupied with self-analysis where he realised that he had repressed feelings of anger and resentment against his father. He believed that as a small boy he had been in love with his mother and was jealous of his father. Freud based his theory of early sexual development on personal theory instead of exploring further using empirical methods. The fourth stage of psycho-sexual development is the latency stage taking place from around the age of six up until puberty. During this stage the child enters into a sexually dormant period, consolidating the habits of the previous three stages. The Ego and Superego take precedence over the Id due to the childs defence mechanisms repressing its instinctual drives during the phallic stage. Now that gratification is delayed, the child is driven to derive pleasure from external activities such as friendships, education and hobbies. Any neuroses established during this fourth stage of psycho-sexual development may be due to the unresolved issues of the Oedipus complex or the Egos failure to focus on socially acceptable activities. The fifth and final stage of psycho-sexual development is the genital stageà that spans from puberty throughout the remainder of adult life. As with the phallic stage the genital stage is focussed upon genitalia but in this instance the sexuality is consensual and more often involving another adult in the form of a relationship rather than being solitary and infantile. This is due to the establishment of the Ego which shifts attention away from primary-drive gratification to secondary process thinking and to satisfy desire in a more symbolic and intellectual way through loving relationships, friendships and family. The genital stage is the time when a person is able to resolve any psycho-sexual childhood conflicts that they may have and allows psychological detachment and independence from their parents. In previous stages focus was placed solely on individual needs, now the welfare of others comes strongly into play and if all stages have been completed successfully then Freud believed that the individual should be a well-balanced and fully functioning person. Unfortunately it isnt all that simple and the Id, the Ego and the Super Ego continuously come into conflict with one another. The Ego has to work to control the demands of the Id whilst at the same time having regard for the restrictions placed upon it by the Super Ego. At times these desires and constraints cause conflict that our Ego is unable to deal with resulting in anxiety and stress. Freud identified three types of anxiety, firstly neurotic anxiety which occurs through fear that we will lose control of the Ids urges and the resulting punishment for inappropriate behaviour. Secondly reality anxiety which is a fear of external events often culminating in phobias, we are able to reduce such anxiety by avoiding the threatening object or situation. Thirdly is moral anxiety from a fear of violating our own moral principles and values that have been set down by our Super Ego. Neurosis also figured heavily in Freuds psycho-analytical theory. He proposed that neurosis occurs when the Ego is unable to deal with desires that produce feelings of guilt and a sense of wrong. Through repression these thoughts manifest themselves through symptoms that have no physical dysfunction. The mental illness acts as a replacement for the guilt ridden desires of the Id allowing the Ego to avoid the conflict between itself and the Id. Such symptoms however are worse than the conflict they set out to hide, not only stopping the individual from being accepting of their repressed desires butà also causing them to become socially incapable of enjoying a happy and healthy life. He also believed that neurosis can be triggered by a traumatic childhood event that the individual is unable to handle. Often such experiences give rise to feelings of guilt that we seek to repress through use of various displacement mechanisms. Sometimes these repressed memories make their way back into our conscious minds in a different form producing a great amount of anxiety in turn triggering psychological disorders that seek to block out the real cause. Psychoanalytical therapy has proved productive in being able to help a client uncover unconscious defence mechanisms and help them find better ways of dealing with their anxiety or removing it all together. Psycho-analysis opened up a new view regarding the treatment of mental illness, suggesting that psychological distress could be reduced through talking about their problems with a therapist. The work of Freud was responsible for bringing about a greater understanding of behaviour that was unusual and differences were no longer automatically equated as unacceptable, with understanding comes greater tolerance. He radically changed the view of sexuality making it an acceptable topic of conversation and a natural part of a healthy, happy life. The approach is also credited with highlighting the importance of childhood and our unconscious mind. Despite the influential effect of his theories Freud is open to numerous criticisms. Many psychologists have adopted his ideas but there has been a great deal of modernisation on his original views. Carl Jung who was a pupil of Freuds even disagreed with certain aspects of his theories; in particular Freudââ¬â¢s reliance on sex as the answer to many problems. Jung went on to develop his own theories known as Analytical Psychology. Erich Fromm rejected Freuds view that the drives of the human being are solely biological, believing instead that it was down to our freedom of choice and ability to choose our own destiny. He believed any conflict arose as a result of the fear or uncertainty which that freedom entailed. Feminists are particularly critical of the work of Freud due to the sexist nature of many of his ideas. Neo-Freudian Karen Horney proposed that instead of penis envy girls in fact developed power envy and that in their inability to bearà children men develop womb and vagina envy. Scientifically the validity of Freuds theory of psycho-sexual development is brought in to question due to his perceived personal fixation on human sexuality and the phallic stage of development proved controversial for being based upon clinical observations of the Oedipus complex. Many were critical of the fact that a lot of Freuds ideas were based on case studies or clinical observations rather than empirical, scientific research. Contemporary criticism questions the universality of Freuds theory of personality and psycho-sexual development. Anthropologist Bronislaw Malinowski studied the matriarchal society of the Trobriand where young boys are punished by their maternal uncles not their fathers and thus suggested that in this case power is the source of Oedipal conflict not sexual jealousy. Contemporary research has also confirmed that although personality traits corresponding to the oral, anal, phallic, latent and genital stages are observable they are not necessarily fixed stages of childhood or indeed adult personality traits that were derived from childhood. While there is no denying that Freud is of great historical significance and he developed many ground breaking theories and ideas some of which still hold relevance today although many over time have been discredited. It must then be said that Freudââ¬â¢s theory of psychosexual development may in some cases offer us a limited understanding of a clientââ¬â¢s issue it would not be ethical practice to rely entirely on this theory when working with a client. Due to its lack of credibility in many areas, Freudââ¬â¢s theory cannot be implemented as a full explanation or means with which to begin the process of understanding and healing. Bibliography Frankland, A. and Sanders, P. 1995. Next steps in counselling. Manchester: PCCS Books. pp.70-76 Hough, M. 2006. Counselling Skills and Theory. 2nd ed. London: Hodder Arnold, pp. 59-86. Malinowski, B. 1927. Sex and repression in savage society. [e-book] London: Routledge and Kegan Paul. http://openlibrary.org/books/OL17967917M/Sex_and_repression_in_savage_society [Accessed: 1st July 2013]. Cherry, K. n.d.. Freuds Stages of Psychosexual Development. [online] Available at: http://psychology.about.com/od/theoriesofpersonality/ss/psychosexualdev.htm [Accessed: 19 Jun 2013]. Copperwiki.org. 1950. Human Centred Psychotherapy CopperWiki. [online] Available at: http://www.copperwiki.org/index.php?title=Human_Centred_Psychotherapy [Accessed: 01 Jul 2013] En.wikipedia.org. 2013. Psychosexual development Wikipedia, the free encyclopedia. [online] Available at: http://en.wikipedia.org/wiki/Psychosexual_development [Accessed: 01 Jul 2013]. http://highered.mcgraw-hill.com/sites/dl/free/0072969806/286620/fei69806_ch02
Tuesday, January 21, 2020
Stereotypes and Stereotyping of Native Americans in The Last of the Moh
The Last of the Mohicans and Stereotyped Native Americans [1] Native Americans were part of this country long before our founding forefathers. They were the people that Christopher Columbus found inhabiting this land. There is even evidence to show that they have been on the American continents for thousands and even tens of thousands of years. Yet, somehow the European powers dominated these people, forcing them from their land to make it ââ¬Å"ours.â⬠In the early part of the twentieth century, a new industry began to develop; we call it the film industry. Along with the industry came movies that were made and are still made for the amusement of a mass audience. Some flaws did come with this industry, and among them was the depiction of Native Americans. ââ¬Å"Anonymity is a feature of the Indian portrayed in filmâ⬠¦many do not have names or speaking partsâ⬠(Bataille and Hicks 10). Native Americans often speak with a broken dialect or ââ¬Å"babyâ⬠English. They are not able to fully understand or expre ss complete thoughts in the English language. This makes them appear to the audience as a lesser character. The second role of Native Americans in film is that of a sidekick or crony of some white hero, like Tonto in The Lone Ranger (1938). In these films ââ¬Å"The Native American The Native American was placed into one of the following four roles: the first isthe comedic Indian, the jester of the frontier court. This Indian spoke in simple is clearly secondary in importanceâ⬠and was never the hero (Crowdus 297). The two most significant roles of the Native American are the bloodthirsty savages and their counterparts the ââ¬Å"nobleâ⬠savages. [2] These two opposite characteristics were adopted from the ââ¬Å"images and stereotypes wh... ...l, Stuart. ââ¬Å"The Question of Cultural Identity.â⬠Modernity and Its Future. Ed. Stuart Hall, David Held, and Tony McGrew. Cambridge: The Open University, 1992. 273-316. McWilliams, John. The Last of the Mohicans: Civil Savagery and Savage Civility. New York: Twayne Press, 1995. Pearce, Roy Harvey. Savagism and Civilization: A Study of the Indian and the American Mind. Los Angeles: University of California UP, 1988. Rosenstone, Robert A. Visions of the Past: The Challenge of Film to Our Idea of History. Cambridge: Harvard UP, 1995. Schlesinger, Arthur M., Jr. The Disuniting of America. New York: Norton. 1992. Schwartz, Seymour L. The French and Indian War, 1754-1763: The Imperial Struggle for North America. New York: Simon &Schuster, 1994. Steele, Ian K. Betrayals: Fort William Henry and the ââ¬Å"Massacreâ⬠. New York: Oxford UP, 1990.
Monday, January 13, 2020
Agency relationship Essay
1. INTRODUCTION Agency is a fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago, agere (the respective noun agens, agentis). The word denotes one who acts, a doer, force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL AGAINST THIRD PARTIES Lord Alverstone CJ in THE QUEEN V KANE2 defined an agent simply as ââ¬Ëany person who happens to act on behalf of anotherââ¬â¢. A principal is one who authorizes another to act on his or her behalf as an agent. The general rule is that where an agent makes a contract on behalf of his principal, the contract is between the principal and the third party and prima facie at common law, the only person who can sue and be sued on the contract is the principal. The agent acquires no rights under the contract, nor does he incur any obligation. Having performed his task by bringing about a contract between his principal and a third party, the agent drops out of the picture subject to any outstanding matters between him and principal.3 The onus is on the person alleging that he entered into a contract with another person through an agent to prove that in fact the agent was acting as such. Agents of the state can never be personally liable for the stateââ¬â¢s failure to perform a contractual obligation as stated in STICKROSE (PTY) LIMITED V THE PERMANENT SECRETARY MINISTRY OF FINANCE 4. In law, agents are recognized as having the power to affect the legal rights, liabilities and relationships of the principal. In CAVMONT MERCHANT BANK v AMAKA AGRICULTURAL HOLDINGS5, the Supreme Court held that where an agent in making the contract discloses both the interest and the names of the principal on whose behalf he purports to make a contract, the agent as a general rule is not liable to the other contracting party. Apart from having the power to affect the legal rights, liabilities and relationships of the principal, the agent may also affect the legal position of his principal in other ways. For instance, he may dispose of the principalââ¬â¢s property inà order to transfer ownership to a third party or he may acquire property on his principalââ¬â¢s behalf. Sometimes the actions of the agent may make the principal criminally liable as illustrated in the case of GARDENER v ACKEROYD 6.à The rights and liabilities of principal and agent against third parties may differ according to whether the agency is disclosed or undisclosed. The distinction between disclosed and disclosed agency is important as it affects the principalââ¬â¢s ability to ratify the agentââ¬â¢s actions. Furthermore, the agentââ¬â¢s liability to third parties may depend on whether the agency was disclosed or not. Agency is disclosed where the agent reveals that he is acting as an agent; if the agency is disclosed it is of no legal significance that the principal is not named. If an agent contracts with a third party without disclosing that he is acting as an agent the agency is undisclosed. 7 An undisclosed principal can intervene on the contracts of an agent within his actual authority. Where an agent makes a contract disclosing the agency, the normal rule is that a direct contractual relationship is created between the principal and the third party and either party can sue the other on the contract. It is important to note that only a disclosed principal can ratify an unauthorised contract. In KEIGHLEY MAXTED v DURANT8 a principal authorized an agent to buy wheat at a given price in the joint names of the principal and the agent. Having failed to purchase wheat at that higher price, the agent bought wheat in his own name at a higher price. The principal being satisfied with this act purportedly ratified the wheat purchase agreement at a higher price but failed to take delivery of the wheat. The seller then sued the principal arguing that the sale contract had been ratified. It was held that the action could not succeed because the agentââ¬â¢s act was unauthorized and since the principalââ¬â¢s identity had not been disclosed to the sellor, the principal could not ratify and consequently was not liable on the contract. Where the principal is disclosed, he and not the agent is liable on the contract and may sue and be sued. In GADD v HOUGHTON & CO.9 Houghton & Co. sold to the buyers Gadd, a quantity of oranges under a ââ¬Ësold noteââ¬â¢ which stated, inter alia, that ââ¬Ëwe have this day sold to you onà account of James Morand & Co â⬠¦.ââ¬â¢ and signed ââ¬ËHoughton & Co.ââ¬â¢ The seller having failed to deliver the oranges, the buyer sued Houghton & Co for damages for non-delivery. The action failed, since by the words of the sold note Houghton & Co had clearly indicated that they were not to be personally liable. They were merely brokers. Lord Mellish stated that ââ¬Å"where you find a person in the body of the instrument treating himself as the seller or character, you can say that he intended to bind himself.â⬠In SUI YIN KWAN & ANOTHER v EASTERN INSURANCE CO. LTD10 it was held that the doctrine of undisclosed principal applied. Where an agent acts within his actual authority the undisclosed principal may intervene and acquire the rights/liabilities of the agent. In this case, the agents acted within their actual authority and therefore, the relatives could recover from the insurance company. Lord Lloyd summarized the law as follows: (1) an undisclosed principal may sue and be sued on a contract made by an agent on his behalf, acting within the scope of his actual authority. (2) In entering into the contract, the agent must intend to act on the principalââ¬â¢s behalf. (3) The agent of an undisclosed principal may also sue and be sued on the contract. (4) Any defence which the third party may have against the agent is available against his principal. (5) The terms of the contract may, expressly or by implication, exclude the principalââ¬â¢s right to sue, and his liability to be sued. The contract itself, or the circumstances surrounding the contract, may show that the agent is the true and only principal. Sometimes the agent contracts with third parties after disclosing the fact, that he is an agent but without disclosing the name of his principal. In such cases, the principal is bound by the contracts made on his behalf. And thus, the principal is liable to third parties for his agentââ¬â¢s acts done on behalf of the principal. However, such acts must be within the scope of the agentââ¬â¢s authority, and the unnamed principal must be in existence at the time of contract. As a matter of fact, when the agent contracts after disclosing his representative character, the contract will be the contract of the principal. For all such acts, the agent is not personally liable. However, the agent is personally liable if he declines to disclose the identity of the principal when asked by the third parties. 11à When there is undisclosed agency, the contract is initially between agent and the third party and each may enforce the contract against the other. However, if the third party later discovers the principalââ¬â¢s existence, he may enforce the contract against either the agent or the principal. Provided that the agent acted within the scope of his actual authority, the principal can intervene and enforce the contract against the third party. 12 3. CIRCUMSTANCES WHEN AN AGENT MAY BE HELD PERSONALLY LIABLE If an agent continues to act after his authority has been terminated, he may incur personal liability for breach of implied warranty of authority. Sometimes an agent may suffer a potential risk when his authority is terminated automatically without his knowledge. In the case of YONGE v TOYNBEE13 where solicitors were acting in litigation for a client who, unknown to them, became mentally incapacitated so that the agency was considered to be terminated. However, they continued to litigate for the client and were held liable for their breach of warrant of authority and were ordered to pay the costs of the other litigant. There are three exceptional cases where the undisclosed principal cannot sue or be sued, by the third party. The first is where the contract between the agent and the third party expressly provides that the agent is the sole principal U.K MUTUAL STEAMSHIP ASSURANCE ASSOCIATION v NEVILL14. The second is where the terms of the contract are inconsistent with agency. In HUMBLE v HUNTER15, an agent signed a charter-party in his own name and described himself as ââ¬Å"ownerâ⬠of the ship. It was held that his undisclosed principal could not sue. The third case where an undisclosed principal cannot sue is where the identity of the principal is material to the third party. One such case is where the contract made between the agent and the third party is too personal to permit an undisclosed principal to intervene, for example, contracts for personal service. In the case of SAID v BUTT16, a theatre critic knew the management of a particular theatre would not sell him a ticket because of articles he had written. He obtained a ticket through an agent. It was held that the theatre could prevent the principal fromà entering the theatre. McCardie J said that ââ¬Å"the critic could not assert a right as an undisclosed principal since, as he knew, the theatre was not willing to contract with himâ⬠. Even where the undisclosed principalââ¬â¢s existence is discovered, the agent remains liable on the contract and the third party may choose to enforce the contract against either principal or the agent but not both. This is known as the right of election. A third party has an elective right to sue either the agent or the principal where the agent does not disclose the principal. In BOYTER V THOMSON17 the seller instructed agents to sell on his behalf a cabin cruiser under a brokerage and agency agreement. The buyer purchased the boat thinking it was owned by the agents and he was not told that the agents were acting as such nor the name of the owner nor that the owner was not selling in the course of a business although he was aware that the boat was being sold under a brokerage arrangement. The boat proved to be unseaworthy and was unfit for the purpose for which she was purchased. The buyer sued the seller for damages which were granted. The seller appealed to the House of Lords where goods were sold by an agent acting in the course of business for an undisclosed principal the buyer was entitled to sue not only the agent but also the principal. Once the third party elects to sue one party, his option to sue the other is extinguished. However, not any action by the third party suggesting action against one party in preference for another will be construed as the exercise of the right of election. In CURTIS v WILLIAMSON18, one Boulton appearing to act on his own behalf purchased some gunpowder from the plaintiff. Later, the plaintiff discovered that Boutlton was acting on behalf of an undisclosed principal, the defendant mine owners. Boulton then filed a petition of liquidation and the plaintiff filed an affidavit in those proceedings in an attempt to recover the debt owed for the gunpowder. However, the plaintiff changed their mind and sued the defendant principal. It was held that once an undisclosed principal is discovered the third party may elect to sue that principal; and secondly, that the filing of the affidavit against the agent did not prevent the action against the principal. The third party will not be bound by an election unless he has unequivocally indicated his intention to hold one party liable and release the other. The doctrine of the undisclosedà principal exists for purposes of commercial convenience, it is important to maintain protections for the third party. In the situation where the agent has failed to pass the payment to the third party, either the principal or the third party will lose and it seems fairest to place the loss on the principal.19 4. HOW AGENCY MAY BE DETERMINED As the relationship between the agent and his principal is based on consent, actual authority is of paramount importance. An agent is only entitled to be paid if he acts within his actual authority. If he acts outside his authority he may be liable to his principal. The relationship between the principal and a third party depends on the agentââ¬â¢s power to bind his principal. However, what is of concern to the third party is the agentââ¬â¢s apparent authority as this is what he relies on in the ordinary course of events. There are several types of authority. These are: a) Express Authority ââ¬â the agreement between a principal and agent may be express or implied. Express agreement may be made orally, in writing or by deed. In general, if an agent is appointed to execute a deed his appointment is by deed called a power of attorney. b) Implied Authority arises where, although a particular action is not sanctioned by express agreement between the principal and the agent, the principal is nevertheless taken to have impliedly consented to the action or transaction in question. In GARNAC GRAIN CO. v H.M.F. FAURE AND FAIRCLOUGH20 the House of Lords stated that ââ¬Å"the relationship of principal and agent can only be established by the consent of the principal and agent. They will be taken to have consented if they have agreed to what amounts at law as a relationship even if they do not recognize it themselves and even if they have professed to disclaim it. An agent who has express authority to carry out a particular task may also have additional authority to do certain acts incidental to his authorized task For instance, an agent authorized to sell the principalââ¬â¢s property has implied incidental authority to sign a contract of sale.â⬠c) Apparent Authority ââ¬â a person may be bound by the acts of another done on his behalf without his consent or even in breach of an express prohibition if his words or conduct create the impression that he has authorized the other person to act on his behalf. This is described at law as ââ¬Å"apparent agency orà authorityâ⬠or ââ¬Å"ostensible agency or authorityâ⬠. The distinction between actual and apparent authority was explained by Diplock L.J. in FREEMAN & LOCKYER V. BUCKHURST PARK PROPERTIES21. ââ¬Å"Apparentâ⬠or ââ¬Å"ostensibleâ⬠authority, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor, intended to be and in fact acted on by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the ââ¬Å"apparentâ⬠authority, so as to render the principal liable to perform any obligations imposed on him by such contract. To the relationship so created the agent is a stranger. He need not be (although he generally is) aware of the existence of the representation. The representation, when acted on by the contractor by entering into a contract with the agent, operates as an estoppel, preventing the principal from asserting that he is not bound by the contract. It is irrelevant whether the agent had actual authority to enter into the contract. d) Agents of Necessity ââ¬â A person who acts in an emergency, for instance, to preserve the property or interest of another may be treated as an agent of necessity. His actions will be deemed to have been authorized even if no actual authority is given. Like apparent authority, an agency of necessity can arise even in the absence of consent from the principal. Agency of necessity only arises in extreme circumstances where there is actual and definite commercial necessity for the agentââ¬â¢s actions. The following must be satisfied for an agency of necessity to exist: (i) There must be an emergency ââ¬â something unforeseen. (ii) It must be practically impossible to get instructions for the principal. (iii) The agent must act bona fide in the interest of the principal rather than to advance his own interests. He must not take advantage of the principal. (iv) The agent must act reasonably in the circumstances. e) Agency arising out of Co-habitation ââ¬â It is argued that a wife has authority to pledge the credit of her husband for necessities (or vice versa). However, others argue that social conditions now make it old fashioned to suggest that actual or apparent authority should not ariseà between husband and wife. The law recognizes the following as agents even though they do not bear the title of agent22: (a) Company Directors and other company officials ââ¬â being an artificial person, a company has to act through human agents. Then authority to act as company agents is vested in the board of directors. This authority may be delegated to one or more executive directors by the articles of the company to allow him to manage the day-to-day operations of the company. (b) Partnerships ââ¬â as a partnership has no separate legal identity from its members, every partner in a firm is an agent of the firm as well as all other partners for the purpose of the business of the firm. Thus, a partner who performs an act for the purpose of carrying out the business of the firm, binds the firm as well as the other partners. (c) Employees ââ¬â may be servants working under a contract of service or an independent contractor working under a contract for services. An employee e.g. a shop assistant is the agent of the shop owner for the purposes of making a contract of sale for the owner. He has the authority to make statements about goods that are binding on the shop owner, his employer. (d) Professionals ââ¬â acting on behalf of clients may be the agents of those clients. E.g. a lawyer conducting litigation is his clientââ¬â¢s agent and may have authority to settle the case and that settlement will bind the client. Thus the lawyer, not the client, normally signs a consent judgment. Similarly, an accountantââ¬â¢s agreement or statement to ZRA will bind his client in accordance with agency principles. The relationship between principal and agent depends on consent. If withdrawn, the agency will automatically end, as well as the agentââ¬â¢s actual authority to bind the principal. An agency relationship may be terminated in the following ways: (a) By mutual consent between the agent and the principal. (b) By either party unilaterally withdrawing consent. (c) An agent may have been appointed for a fixed period of time or for a specific task or set of tasks. Once the time elapses or the task(s) is/are completed the agency will terminate. (d) By operation of law e.g. if theà performance of the agency relationship becomes illegal (e.g. one party becomes the citizen of an alien enemy) or impossible (where it will be ended by the agency contract being frustrated). Death of either party will also terminate the agency and any contract made between them. If an agent becomes insane, the relationship is automatically terminated. The bankruptcy of either the agent or the principal will also end the agency.23 The Effect of Termination vis a vis Third Parties The agent may continue to have apparent authority even if actual authority has been terminated. If the principalââ¬â¢s conduct is such as to suggest to a third party that the agent continues to have authority. Until the principal brings the termination of the agentââ¬â¢s authority to the notice of a third party, the agent may continue to have apparent authority on the strength of the principalââ¬â¢s representation. DREW v NUNN24 the principal became insane but his wife, who was his agent, continued to act in his name. When he recovered from his insanity he tried to disclaim liability for acts done by his wife during his insanity/incapacity. Held: The agent i.e. his wife, had apparent authority and therefore he was bound. However, where an agentââ¬â¢s actual authority is terminated by the principalââ¬â¢s death or bankruptcy the agent will automatically cease to have apparent authority.
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