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Recurring Issues in Agency Law Several problematic fact scenarios recur in agency zen herbals v-gel 30 gm discount, and law has developed in response herbals outperform antibiotics in treatment of lyme disease cheap v-gel 30 gm visa. He is said to have been the first person from the Mayflower to set foot on Plymouth Rock in 1620; he was a carpenter herbs and uses discount v-gel 30gm with visa, a cooper (barrel maker) herbals in the philippines discount 30 gm v-gel amex, and a diplomat. He attempted to carry out the assignment, but he did not perform according to expectations. Is Alden liable to Standish for stealing the heart of Priscilla-that is, for taking the "profits" of the enterprise for himself As these questions suggest, agency law often involves three parties-the principal, the agent, and a third party. It therefore deals with three different relationships: between principal and agent, between principal and third party, and between agent and third party. General Agent the general agent possesses the authority to carry out a broad range of transactions in the name and on behalf of the principal. Normally, the general agent is a business agent, but there are circumstances under which an individual may appoint a general agent for personal purposes. This is a delegation of authority to another to act in his stead; it can be accomplished by executing a simple form, such as the one shown in Figure 38. Ordinarily, the power of attorney is used for a special purpose-for example, to sell real estate or securities in the absence of the owner. But a person facing a lengthy operation and recuperation in a hospital might give a general power of attorney to a trusted family member or friend. Suppose Sam, the seller, appoints an agent Alberta to find a buyer for his property. As a special agent, Alberta had authority only to find a buyer; she had no authority to sign the contract. Agency Coupled with an Interest An agent whose reimbursement depends on his continuing to have the authority to act as an agent is said to have an agency coupled with an interest if he has a property interest in the business. The literary agent also acts as a collection agent to ensure that his commission will be paid. By agreeing with the principal that the agency is coupled with an interest, the agent can prevent his own rights in a particular literary work from being terminated to his detriment. Subagent To carry out her duties, an agent will often need to appoint her own agents. An insurance company, for example, might name a general agent to open offices in cities throughout a certain state. The agent will necessarily conduct her business through agents of her own choosing. These agents are subagents of the principal if the general agent had the express or implied authority of the principal to hire them. The Restatement (Second) of Agency, Section 2, defines a servant as "an agent employed by a master [employer] to perform service in his affairs whose physical conduct in the performance of the service is controlled or is subject to the right to control by the master. There is an important distinction made between the status of a servant and that of anindependent contractor. A plumber salaried to a building contractor is an employee and agent of the contractor. If you hire a lawyer to settle a dispute, that person is not your employee or your servant; she is an independent contractor. The terms "agent" and "independent contractor" are not necessarily mutually exclusive. As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn. But payment to an independent contractor, such as the plumber for hire, does not require such withholding. Deciding who is an independent contractor is not always easy; there is no single factor or mechanical answer. The company did not establish hours for him, did not control his movements in any way, and did not reimburse him for mileage or any other expenses or withhold taxes from its straight commission payments to him.
This water is evaporated to obtain the salts humboldt herbals purchase 30gm v-gel with mastercard, which are added to the tobacco extract just before it becomes thick quality herbals products pvt ltd generic 30 gm v-gel fast delivery. The Chimila of Colombia chew dried tobacco leaves herbals for ed cheap v-gel 30 gm, which have been pulverised and mixed with a small amount of ash and honey herbals teas for the lungs discount v-gel 30 gm online, to form small cakes. Shamans of the Guianas have been known to smoke tobacco in large hand-rolled cigars, as well as eating, drinking and snuffing it during initiations. Girls also drink it in ceremonies to communicate with spirits governing crop cultivation. Tobacco is often used in the Americas throughout ceremonies centred on the use of another visionary substance [eg. Tobacco shamans are skilled in accurately measuring out dosage, and they need to be, because tobacco is highly toxic and can kill. Initially there is nausea, vomiting, abdominal pain, sweating, salivation, trembling, rapid and irregular heartbeat, high blood pressure, dizziness, confusion, and heavy, laboured breathing, followed by tremors and convulsions, lowered blood pressure, and collapse. If the dose was correct, the participant returns to consciousness after a few hours, once the nicotine alkaloids have been metabolised; if not, death due to respiratory paralysis may occur. Tobacco is known to inhibit hunger pangs for up to several hours per administration, as well as raise blood sugar levels and cause epinephrine-release [hence the anorexic effects]. The tobacco also causes decreased skin temperature [due to peripheral vasoconstriction] and analgesia [due to central cholinergic blockade], allowing him to display tolerance to fire and pain. Tobacco smoke is often utilised in healing sessions by blowing it over the patient, or spitting tobacco-juice at afflicted body parts. The former is known to usually calm the patient, and lower their temperature [leading to greater comfort], aiding natural healing processes (Furst 1976; Pendell 1995; Wilbert 1991). An unusual and dangerous initiation rite has been described by Bear (1997) and Bear & Vasquez (2000). About 200g tobacco is decocted in water and strained; this decoction is placed in a small hollow, carved into a remocaspi tree [see Aspidosperma and Pithecellobium]. The hole is plugged up with mud, and splinters from the tree, and left for 8 days. After this time, the preparation has fermented, and is inundated with mouldfungi [see Aspergillus, Geotrichum, Hypomyces, Penicillium, and Rhizopus], which are stirred into the drink before it is consumed. It is said that if one survives this process, they will be a powerful healer (Bear 1997; Bear & Vasquez 2000). The health risks of smoking tobacco are well known and need not be further discussed here. I will note, however, that nicotine is reportedly more addictive than heroin (Byrne 1988)! Not only is the supposed organic origin of this tobacco highly suspect, much of it has been reported to be cut with straw, and dampened with water and chlorine bleach, leading to greater deterioration of health in smokers of such products (Robotham 2002). Contrary to popular opinion, pipe and rolling tobaccos may contain far more additives than the tobacco in prerolled cigarettes [10. Also, as a piece of trivia, studies on the width of tobacco fibers have shown that increased width raises the levels of nicotine, tar, and dry condensate in smoke, whilst their accumulation in the cigarette butt decreased. Smoking tobacco increases levels of harman and norharman from 40-100 times the concentration found in fresh leaves, which is expressed in the smoke [0. Nicotine is found in all parts of the plant, in nicotine-dominant species; leaves become more potent towards the apex, and at ripeness; stems contain less than 1/3 the amount of nicotine found in leaves; flowers less than 1/3 of that in stems; roots may yield more than twice as much as flowers. Nicotine is present in the fresh plant partly as a mixture of the glucosides tabacilin and tabacin [0.
Ordinarily banjara herbals discount 30gm v-gel amex, an individual or a company is not vicariously liable for the tortious acts of independent contractors herbals incense generic v-gel 30 gm. Generally potters 150ml herbal cough remover v-gel 30 gm with mastercard, these exceptions fall into a category of duties that the law deems nondelegable herbals vs pharmaceuticals purchase v-gel 30 gm on-line. In some situations, one person is obligated to provide protection to or care for another. Thus a homeowner has a duty to ensure that physical conditions in and around the home are not unreasonably dangerous. The thought was that one could never infer authority to commit a willfully wrongful act. Deviations from Employment the general rule is that a principal is liable for torts only if the servant committed them "in the scope of employment. The "Scope of Employment" Problem It may be clear that the person causing an injury is the agent of another. If an employee is following the letter of his instructions, it will be easy to determine liability. There was no question that the driver had acted carelessly, but what he and his fellow employee were doing on the road where the plaintiff was injured was disputed. For weeks before and after the accident, the cart had never been driven in the vicinity in which the plaintiff was walking, nor did it have any business there. The suggestion was that the employees might have gone out of their way for their own purposes. The test is thus one of degree, and it is not always easy to decide when a detour has become so great as to be transformed into a frolic. If a hungry deliveryman stops at a restaurant outside the normal lunch hour, intending to continue to his next delivery after eating, he is within the scope of employment. But suppose he decides to take the truck home that evening, in violation of rules, in order to get an early start the next morning. That is, the employer is within the zone of risk if the servant is in the place within which, if the master were to send out a search party to find a missing employee, it would be reasonable to look. Special Cases of Vicarious Liability Vicarious liability is not limited to harm caused in the course of an agency relationship. It may also be imposed in other areas, including torts of family members, and other torts governed by statute or regulation. Use of Automobiles A problem commonly arises when an automobile owner lends his vehicle to a personal friend, someone who is not an agent, and the borrower injures a third person. In many states, the owner is not liable; in other states, however, two approaches impose liability on the owner. The second approach to placing liability on the owner is judicial and known as thefamily purpose doctrine. Under this doctrine, a family member who negligently injures someone with the car subjects the owner to liability if the family member was furthering family purposes. These are loosely defined to include virtually every use to which a child, for example, might put a car. Phillips, the father allowed his minor son to drive the car but expressly forbade him from letting anyone else do so. The court held the father liable because he made the car available for the pleasure and convenience of his son and other family members. Torts of Family Members At common law, the husband was liable for the torts of his wife, not because she was considered an agent but because she was considered to be an extension of him. Bumble responded, in the memorable line, "If the law supposes that, the law is a ass-a idiot"). However, they can be held liable for failing to control children known to be dangerous. Most states have statutorily changed the common-law rule, making parents responsible for willful or malicious tortious acts of their children whether or not they are known to be mischief-makers. Thus the Illinois Parental Responsibility Law provides the following: "The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the willful or malicious acts of such minor which cause injury to a person or property. Another example involves the sale of adulterated or short-weight foodstuffs: the employer of one who sells such may be liable, even if the employer did not know of the sales. A principal will, however, be liable if the principal directed, approved, or participated in the crime. These include pure food and drug acts, speeding ordinances, building regulations, child labor rules, and minimum wage and maximum hour legislation.
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Sea cucumbers have an elongated body shahnaz herbals buy v-gel 30 gm line, with a series of tentacles around the mouth (at the bottom of the body); some also have tube-feet attached to the body exotic herbals lexington ky buy 30gm v-gel amex. Organs of Cuvier are a series of tubules attached to the stem of the respiratory tree; may be emitted from the anus (whereupon they swell and stretch on contact with the water herbals definition generic v-gel 30gm amex, becoming sticky) to entangle predators herbals are us cheap 30 gm v-gel amex. Habit is vertical on the sea floor, in a wide range of habitats and depths, sometimes camouflaged with debris; they attach themselves using their tube-feet, and move with rhythmic body contractions; they feed on fine bottom materials and organisms, shovelled into the mouth with the tentacles (Halstead 1988). Buckeye seeds have also been described as "an irritant of the cerebro-spinal system". Most buckeyes are toxic to stock animals, the young growth and mature fruits being considered the most toxic parts. A bark infusion is used to aid childbirth, and stop post-partum bleeding (Hamel & Chiltoskey 1975). They have been reported to cause inflammation of mucous membranes, burning sensations in the stomach, nausea, and vomiting (Bremness 1994; Pammel 1911). In medicine, compounds from the seed are used as an astringent, antiinflammatory, and to tone and strengthen vein walls (Bruneton 1995; Chevallier 1996; Mabey et al. Bark also contains aescin, tannins and 2-3% coumarins, including aesculoside (Bruneton 1995; Chiej 1984; Harborne & Baxter ed. Aesculin and aesculetin were the major coumarins, and maximum yields were obtained from bark of young branches [1. The plant has also yielded butyrospermol, dicaffeoylspermidine, N,N-dicoumarylspermidine, isoescigenin, fungitetraose, and plastoquinones 4 & 8 (Buckingham et al. In subtoxic doses, it acts as a respiratory stimulant, cardiac stimulant and hypotensive; it is also antiinflammatory, and increases corticosterol and adrenocorticotropin levels (Huang 1993; Rastogi & Mehrotra ed. Aesculus glabra is a tree to 10m tall; bark grey, much furrowed and broken into scaly plates. Leaves deciduous, compound; leaflets usually 5(-7), elliptic to obovate, +- abruptly acuminate, narrowed at base, 7. During the initiation proceedings, with the initiate strongly affected by the alan root, s/he was shown the skulls of their ancestors in order to be able to communicate with spirits of the dead. It is still sometimes used today as an occasional iboga-additive, or as an aphrodisiac, for which purpose the root cortex is macerated in palm-wine [see Methods of Ingestion] for several days. The leaves are sometimes eaten in the Congo as an antidote to poison, and leaf or root sap may be applied to skin afflictions or wounds (Burkill 1985-1997). The plant has a great variety of medicinal and practical uses, and twigs are used as chewsticks. Africa; the root is taken by decoction, and the sap is applied topically or to scarifications. Leaves and bark contain saponins and tannins, as well as a bitter principle, alchorin (Burkill 1985-1997). Given to anaesthetised dogs, a decoction of the powdered root was found to increase the sensitivity of the sympathetic nervous system to epinephrine (De Smet 1996). Alchornea floribunda is a leaning shrub or small tree, sometimes subscandent, to 10m tall, mostly without milky sap; branchlets, petioles and undersides of leaves minutely puberulous. Its supposed similarity in appearance to Psilocybe mexicana was thought to have possibly caused confusion (Ott 1993), though I assume the native people would know their fungi sufficiently well not to make such an error in identification. Curiously, though the researchers ingested the puffballs identified by their informant, they did not bioassay the Agrocybe sp. Male flowers in panicles of 10-25cm long spikes, terminal, axillary, and on old wood; calyx closed in bud, enveloping the stamens, calyx lobes valvate; petals absent; stamens 7-8, 1-2-seriate, the outer alternate with sepals, or all +- central; interstaminal glands absent; filaments unbranched, usually free; anthers 2-celled, opening lengthwise, anther cells pendulous, not long-cylindrical; rudimentary ovary sometimes present. Female flowers terminal, simple or branched, up to 11-40cm long; interstaminal glands absent; ovary 3-celled, ovary cells 1-ovuled; ovules pendulous; styles 3, simple, 5-15mm long, free or united at base; indumentum not stellate.