Sunday, January 26, 2020

Gender Discrimination In Education In Afghanistan Sociology Essay

Gender Discrimination In Education In Afghanistan Sociology Essay Afghanistan is one of the toughest regions for women to survive. Although the country has a highest number of school-going populations, gender disparities in education remain high. Women discrimination in the education system is a pervasive practice, which the political systems have not considered it seriously. Many girls opt to attend to their domestic duties because of the fear they have about insurgents and other group, which usually attack them in various learning institutions. Compared to boys, the societal norms and practices do not favor the girl because they hold minor roles in the building of the society and culture. Research question What are the reasons of gender discrimination in the education in Afghanistan? Proposed claims During the Taliban rule, women oppression and denial to access education has been evident by several attacks insurgent have orchestrated in schools. It is good to note that, this political system exercised male dominance and hegemonic practices against the women because of their position in the society. Socio-cultural norms and practices within the Afghans contribute largely to the discriminative way of sharing resources like education in the community. At the primary school level, the literacy level of girls for aged 15-24 stands at 18%, while the literacy level for bay at the same age bracket remains at 50%. More than half the boys have a chance of completing education compared to girls (Brodsky, Portnoy, Scheibler, Carrilo, 2012). Cultural practices and traditions encouraged boys to further their studies because of the leadership positions they occupied in the society. According to a report filed by the Human Rights Commission in Afghanistan, parents elucidate that major challenges affecting their daughters is insecurity and accessibility of education. Others stated that a girl child ought to attend to domestic duties, engage in productive activities to enable her family earn a living and children marriages (Whitsel Mehran, 2010 p. 504). The Islamic the Islamic rule under the Taliban government did not allow women in public areas. For this reason, other girls opt to remain indoors for fear of execution of assault by law enforcers. This situation influenced the way girls attended schools as opposed to boys who had the time to acquire knowledge. Factors contributing to gender discrimination in education in Afghanistan The Brutal Taliban Rule The Taliban became prominent in 1994 after they took power and ruled the Afghanistan in a dictatorial way. The group targeted women in such a way that many succumbed to health complications, others lost their lives, and the majority lacked the power to acquire knowledge at institutions of learning. Since most of the schools in Afghanistan are gender-segregated, the insurgent group conducted several attacks on girls in order to deprive them from acquiring basic education. It was a rule that girls ought to stay away from public places; the school was a public place where they socialized. According to the Taliban rule, oppressing women was a show of winning despite losing the victory at the battlefields. In Takhar province, the Taliban group poisoned 40 girls student, some of which succumbed to severe health complication (Facar, 2006 p. 31). This group burnt girls schools because they wanted to get rid of the enlightened generation of women, which could challenge their political ideolog ies and power. Before the Taliban assumed power, Afghanistan was a peaceful place, which ensured equality between boys and girls with regard to knowledge acquisition. Thereafter, when the Taliban ruled, they perpetrated egregious acts of violence against young girls. Such actions induced fear in girls who were at learning institutions because they knew anytime they face attackers (Spink, 2005 p. 197). In a certain incidence, In Tukhar province insurgents attached a girls school at night, raped students, assaulted and kidnapped others. For this reason, many abandoned learning as they moved to Iran and Pakistan for refuge. In 1999, Talibans jailed and deported a female worker who was helping Afghanistan women in engaging in home-based work. In Kabul, female teachers lost their jobs, a move that crippled learning in some institutions. Since these teachers attended mainly elementary classes in girls schools, children missed fundamental of education making some to record poor marks in examinations. The Taliban also restricted female from enrolling at the Kabul University. The rationale behind it was the facility was full to capacity and that women should wait for the government to construct another facility. Society norms and practices According to norms and practices of the Afghans, women had no authority over certain traditional practices like marriage. In the video, it was stated that many parents married off their young daughters without their consent because the parents wanted to raise resources, which could sustain the rest of the family (men). Following this initiative, many girls were pulled out of schools or deprived the right to education because they will get married. Some families forced their girl children to stay indoors because they were afraid of fines and penalties, which societal leaders could charge upon exposing their siblings. Brodsky, Portnoy, Scheibler Carrilo, (2012) asserts that the culture has a requirement, which states that girls should not compete with men in any way; going to school as boys do was a form of competition, which the society did not allow. Moreover, culture also required that girls and boys should be segregated in any gathering or event. This doctrine was also exercised a t government institutions, which had a mandate of building schools and allocating other resources. Such an environment does not promote healthy competition during learning. There is a possibility that girls will perform poorly. In the Video, Parish Will of World Edition state that, the society has had a perception that girls should only acquire basic primary education, which sometimes is not essential. With this in mind, many parents had not until recently realized the importance of supporting their daughters education. How working knowledge influenced topic selection In my relationship with female colleagues, i interviewed a few who stated that the major problem, which they face in their pursuit of education, was discrimination and oppression from men. Many asserted that male dominated societies could not favor them or support their educational needs. Apart from that, I noted that the number of female teachers and other workers at various places of work was low. I wanted to establish the rationale behind the situation. I considered that the topic was important for research because I wanted to explore the problem and establish some of the problems, which have led to the situation. Misunderstandings about the topic During the time women were oppressed and discriminated, I do not understand the reason why insurgent and the Taliban targeted women. The explanation given does not give a clear reason for the brutal activities women went through. I consider that Afghanistan men could have been target of Taliban because they can challenge their rule of law. The Islamic rules and practices have given women an equal opportunity as men to pursue various sectors and acquire knowledge in order to develop the society. The Taliban were also Islam, but did not adhere to this requirement. There has been no evidence showing or explaining why women were denied the right of education. Conclusion Indeed women in Afghanistan were denied the right of education. The Taliban used their authority to oppress and deprive women from learning because they wanted to eliminate the likelihood of having enlightened future leaders, who could challenge some of their political ideologies. Although the society still holds that women should remain passive to societal practices and activities, I will carry out sensitization campaigns, which will enlighten women and teach some fundamental rights that they need to demand from the authority. In addition, religious leaders will also be used in teaching the society against the practices, which discriminate against the women. Annotated Reference list Brodsky, A., Portnoy, G., Scheibler, J., Carrilo, A. (2012). Beyond (ABCs) Education, community and feminism in Afghanistan. Journal of Community Psychology, 40(1), 159-181. This journal highlights how Socio-cultural norms and practices within the Afghans has contributed in the oppressive way through which resources and services like education have been shared in the community. The author cites evidence stating that, at the primary school level, the literacy level of girls for aged 15-24 stands at 18%, while the literacy level for bay at the same age bracket remains at 50%. More than half the boys have a chance of completing education compared to girls. Facar, M. (2006). The pendulum of gender politics in Afghanistan. Central Asia Survey, 25(1), 27-59. This source gives a historical perspective of how the Afghanistan society lived during the time before and after the Taliban. The author observes that because most of the schools in Afghanistan are gender-segregated, the insurgent groups have always conducted several attacks on girls in order to restrict them from acquiring basic education. It was a rule that girls ought to stay away from public places; the school was a public place where they socialized. The author adds that oppressing women was a show of winning despite losing the victory at the battlefields. He cites an example in Takhar province, where Taliban group poisoned 40 girls student, some of which succumbed to severe health complication . Spink, J. (2005). Education and politics in Afghanistan: the importance of an education system in peace building and reconstruction. Journal of Peace Education, 2(2), 195-207. In this source, the author gives the picture of the situation after the Taliban assumed power. He explains and demonstrates how women underwent difficult situations in their pursuit of education. He observes that men were favored unlike women who suffered perpetration and egregious acts of violence from the insurgents. Whitsel, C., Mehran, W. (2010). School, work and community-level differences in Afghanistan and Tajikistan: divergence in secondary school enrolment of youth. Central Asia Survey, 29(4), 501-519. In this source the author, identify various problems that lead to the low number of women registration in secondary schools. He observes that traditional norms and practices also deprived women from accessing education by forcing them to stay at home while boys went to school.

Friday, January 10, 2020

Contract Sperm Whales Essay

This agreement is drawn up and signed in Dubai, UAE on the 25 th of April 2012, by and between 1. Jetta Pharmaceuticals Ltd., producer of special medicaments for improving the immune system, based in Kuala Lumpur, Malaysia, represented in this matter by its sales director Mr. L. Dziel, hereinafter referred as „seller† and 2. Vegan Perfumes, sole producer of SKY ® perfumes, based in 19 Royce Avenue, Nottingham, United Kingdom, represented in this matter by its sales manager Ms. Sara Zydorczak, hereinafter reffered as „buyer† Whereas: 1. 2. 3. 4. 5. 6. Jetta Pharmaceuticals Ltd. buys the entire output of Sperm Whales from Whales Hunting Ltd. Jetta Pharmaceuticals Ltd. pays Whales Hunting Ltd. in lump sum. Whales Hunting Ltd. transports 200 Sperm Whales to the new-built warehouse (costs of transport included in output price) From the warehouse organs will be shipped to the both companies headquarters. Vegan Perfumes repays Jetta Pharmaceuticals Ltd. in lump sum (bank account transfer, 72 hours after receiving the e-mail address will all needed data). All prices are expressed in American dollars ($). The parties agree as follows: 1. 2. 3. The Quantity of the Sperm Whales, which will be bought from Whales Hunting Ltd. The initial price of mammals bought from Whales Hunting Ltd. by Jetta Pharmaceuticals Ltd. Building the new warehouse where the whales will be stored and eviscerated. The work will be outsourced to the local company. 4. 5. 6. Creating the new limited liability company „Whales Medicaments & Perfumes†. Founding a charity organisation „Sea forever†. Details, which are connected with the transaction (transport, custom duty, etc.) Negotiated issues: Price: †¢ The Price includes all taxes and costs of transport – first from Whales Hunting Ltd. headquarters to the warehouse and then to Malaysia and to the United Kingdom †¢ Currency: $ (US dollars) Details: Jetta Pharmaceuticals Ltd. buys the entire yearly output of Sperm Whales from Whales Hnting Ltd. The date of the transaction is 25th April 2012 Price: $ 25.000 per Sperm Whale Output: 200 Sperm Whales Amount of money: $ 5.000.000 Jetta Pharmaceuticals Ltd. pays $ 5.000.000 and after receiving the money Whales Hunting Ltd. transports 200 Sperm Whales to the new warehouse which location will be send in the e-mail after transfering money to the given bank account. From the warehouse organs needed by Jetta Pharmaceuticals Ltd. will be send to Malaysia and organs needed by Vegan Perfums will be send to the United Kingdom. The eviscerated mammals will be sold to the museums in Australia, New Zealand and another countries. The money from this sales will be transfered to the special 2 bank account created for the new charity organisation „Sea forever†. The activity of „Sea forever† will be descripted in another contract signed during the first visit in the new warehouse. The Import Licence is the Buyer’s responsibility, if required. If the Buyer fails to obtain the Import Licence, the Seller has the right to terminate the present contract. The deadline of this transaction depends on the day when the new warehouse will be built and the work outsourced to the local company. Payment terms: Form of payment: money transfer to the bank account Time of effecting the payment: 72 hours Goods: The cases from 200 Sperm Whales – sent to Malaysia Ambergis from 200 Sperm Whales – sent to the United Kingdom 200 eviscerated Sperm Whales – left in the warehouse until bought by museums or private collectors Packaging: Containers suited to the transportation of organic matter Warranty: The transport company is responsible for deli vering the products Type of transport: first two – planes, eviscerated mammals – container ships Place: Transport to Malaysia and the United Kingdom, in the future another directions Costs of the transport: All costs of transportation included in Transaction Price. The seller is obligated to cover all additional costs if necessary. Time range of a contract: This contract come into force within 7 days after it is signed. The contract terminates when the parties decide. Force Majeure: natural disasters, earthquakes, hurricanes, floods, wars, riots or other major upheaval, government restictions, UN or EU restrictions, performance failures of parties outside the control of the contracting party (subcontractors, suppliers, carriers, outsourced company, company building the warehouse) Applicable law: This contract shall be governed by and constructed according to New Zealand law Disputes: Any disputes, controversies or claims between the parties arising out of or relating to this Agreement shall be enforceable and judgment upon any award rendered by the arbitrators may be entered in the state court of Kuala Lumpur, Malaysia, having jurisdiction. The parties will have rights to enter state courts in case of strong disagreement with the judgment of the arbitration court.

Thursday, January 2, 2020

Disadvantages Of Distance Education - 3790 Words

1. Introduction Distance education (e.g., online course programs, e-learning programs), have presented challenges for both students and instructors, leading to extensive research on the tenets of what constitutes quality learning in the differing virtual settings (Boling, Hough, Krinsky, Saleem, Stevens, 2012; Oncu, Cakir, 2011). Preference of online learning has become the norm for over 25% of students who enroll in an online course at some point during the completion of an undergraduate, graduate or postsecondary level degree (Young, Bruce, 2011; Elaine Allen, Seaman, 2007). Data gathered by the U.S. Department of Education s Integrated Postsecondary Education Data System (IPEDS) on Distance Education enrollment from 2012-2014†¦show more content†¦Instructors gravitate towards systematized teaching approaches online in an effort to reduce confusion and increase course completion (Jimoyiannis, 2012). However little research has shown a direct link between course comple tion and structured organization of course content (Mayadas, Bourne, Bacsich, 2009). Studies over the past decade instead suggest bridging traditional face-to-face (F2F) classroom norms in an online setting by building community in an effort to infuse proponents of social learning (Young, Bruce, 2011; Cheung, Liu, Lee, 2015; Garrison, Cleveland-Innes, Fung, 2010). Researchers have argued that what motivates students to acquire new knowledge are interpersonal interactions within a classroom environment (Castillo-Merino, Serradell-Lopez, 2014; Yu, Tian, Vogel, Chi-Wai Kwok, 2010). Findings have indicated that students desire for elements of personal agency have not changed (Castillo-Merino, Serradell-Lopez, 2014; Kuo, Walker, Schroder, Belland, 2014). Zhan, Mei (2013) connected student satisfaction with interpersonal elements of online learning environments, indicating that students preferred online course options which incorporated social elements. Additional studies exploring academic outcomes and increased presence of instructors and student discussions have found that students’ motivation have been impacted by the level of interaction experienced by the student (Robinson, 2011; Harmon,Show MoreRelatedDistance Education Disadvantages1377 Words   |  6 Pagesskin. Distance education can provide people with a way to earn an education if they are on a budget. Distance education, according to â€Å"http://www.qcc.cuny.edu/SocialSciences/ppecorino/China-QCC-DE/Advantages-Disadvantages-DE.html† â€Å"Allows for the internationalization of learning opportunities† â€Å"Centralized resources can produce higher quality materials for distribution† â€Å"has the potential to equalize access to education† they conducted a survey on how the students are engaged in distance educationalRead MoreAdvantages And Disadvantages Of Distance Education Essay1246 Words   |  5 Pagespossible distance education. Distance education entails imparting of education where the students do not need to be present in an actual class room or lecture theatre but can be connected to their teachers via the internet. This kind of a scenario where the teacher and the student are not necessarily present in the same room but are connected to each other virtually while actually being present in geographically different places is known as distance learning or distance education. Distance educationRead MoreEssay on ICT and Education1216 Words   |  5 PagesICT has a huge range of functions in education such as; communication, learning tools, administration, information sources and distance learning. ICT has therefore had quite an impact on education; for instance, the National Curriculum demands children be taught to use computers early on so as they progress into secondary, further and higher education, they are then adept in utilising applications software. Consequently, ICT is used in virtually all of the subjects that the students are taught, whetherRead MoreOnline Learning Vs. Online Education1372 Words   |  6 PagesOnline education is growing in popularity as more colleges and universities offer alternative enrollment programs. While there may be advantages and disadvantages of online learning. The advantages outweigh the disadvantages, especially for those who may face obstacles in pursuing a college education. Online education can be an alternat ive means to classroom instruction. Online instruction allows students to have a flexible schedule while taking college courses. Moreover, flexibility and convenienceRead MoreAdvantages And Disadvantages Of Online Education1304 Words   |  6 PagesHigher education has been adapting distance education with the same enthusiasm as traditional education in today’s higher learning intuitions. Online education has its advantages and disadvantages. In this paper we are going to explore the advantages and disadvantages and explain ultimately what type of student is best for distant learning based on their own goals and study habits. We can trace distance education origins to mid-19th century Europe. By using the postal system, the architect of distanceRead MoreDisadvantages Of Distance Learning825 Words   |  4 Pagesdisagree, distance learning offers the opportunity to manage life’s daily task and at the same time earn a college education. In Global shapers latest survey of 25,000 young people from across the world, 77.84% reported having taken distance learning courses and 47.79% reported they would continue distance learning courses for certification of other skills needed. Distance learning in college should allow for flexibility, easy methods, and provides benefits to alternative learning. Distance learningRead MoreThe Distance Learning Program Is Not A New Instructional As It Has Really Been Since The 1700s?1746 Words   |  7 PagesDistance-learning program is not a new instructional as it has really been since the 1700s. However, traditional education styles that the teacher standing in front of a classroom is still the mainstream of education at the present. Distance learning has a satisfied and limits faced by teacher but it focuses on student’s requirements and have to use computer and Internet to communicate between learner and teacher. In term of traditional education are related with experience teaching for example,Read MoreExploring The Role Of A Learning Management System Essay1118 Words   |  5 Pagesrole of Learning Management Systems. It will also consider both the advantages and disadvantages to employing an LMS in distance learning. Exploring the Role of a Learning Management System According to Maxwell (1995) distance learning is defined as a student-centered learning methodology that eradicates all obstacles to access while providing a high degree of learner independence. Distance education refers to a style of supplying a course of study in which the preponderance of interactionRead MoreDistance Education Essay1547 Words   |  7 PagesDistance education has changed and grown a lot from external studies and correspondence education during the last century. Distance education has become a recognized phenomenon today, thanks to technology which has shortened the physical distances. DEVELOPMENT OF DISTANCE EDUCATION The evolution of Distance education could be divided in four periods. The first period was from 1850 to 1960, this generation used correspondence classes which used radio and instructional television. The secondRead MoreDistance Learning Or Traditional Classroom?1609 Words   |  7 PagesLisa Byrne ENG: 1510 Date: 10/15/2017 Distance learning or traditional classroom? Every one dreams to get a Harvard education but only a selected few will reach the traditional class room style enrollment. But the dream remains a dream for many and the only way to get the Harvard or MIT education to everyone is distance education. If not Harvard even mass education of the society is not easy and the distance education is the only way to do that. Distance education is getting more popular in current

Wednesday, December 25, 2019

Ap World Chapter 14 and 15 Outline Essay - 3611 Words

AP World History Test Review: Rise of Islam and East Asia (Chapter 14 and 15) 1. Discuss the following with regards to Islam: A. FOUNDING: Islam was founded by Muhammad when he received word from Allah in a prophecy (or vision). He began life in Mecca where idolatry was a main fact of life but had to flee to Madinah to escape prosecution in what has come to be known as the Hijrah. Islam spread through his family and friends at first but later his companions known as sahabat continued his work by a number of successful conquests which spread Islam to most of the middle east. Islam reached it high point when Muhammad and his army from Madinah conquered Mecca which was later deemed to the the Holy City. B. BELIEFS: 1) Daily prayer†¦show more content†¦Banks were lending money to entrepreneurs and let also served as brokers for investments and exchanged all different currencies. Established sakk- the rook for â€Å"check.† Let merchants deal without using cash. Usually traveled in groups. HVI. AL-ANDALUS: The prosperity of Islamic Spain. Illustrated the far-reaching effects of long distance trade during the Abbasid era. HVII. INFLUENCE OF INDIA ON ISLAMIC THOUGHT: Indian mathematics grabbed the attention of places in the Dar al-Islam. Muslims found it attractive for both educational purposes and accounting. They adopted â€Å"Indian numerals,† which was later called the â€Å"Arab numerals,† since they learned it from the Arabian Muslims. Completely simplified bookkeeping. HVIII. ARCHITECTURE: Mosques in the old days were decorated beautifully with calligraphy and tile. They also had their own kind of domes that they used on the most important buildings. Used minarets. The specific geometric forms decorating the walls (known as Arabesque) represent the infinite. HIX: INFLUENCE OF CHINA ISLAMIC EMPIRE: Persia fell under Islam at an early date, especially after the Abbasid dynasty and the founding of its capital Baghdad. 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Tuesday, December 17, 2019

Essay On Physical Server - 755 Words

Physical Servers Servers play a fundamental role and are very important part of the Information Technology infrastructure of an organization. Most of the IT activities taking places in an organization such as security, billings and orders are being handled by servers. A server can be defined as a physical computer, device or a program with full dedication in managing the network resources. Irregardless of the type of the server being utilized, a server machine with special hardware specifications is required to perform the demanding tasks. Advanced servers normally utilize RAID (Redundant Array of Inexpensive Disks) as their storage system for data. RAID storage system is consisting of many storage disks which are configured to work as†¦show more content†¦Migration of Data: this type of migration is deployed when the organization wants to change the vendor of their databases, upgrading their databases software or when they are moving their databases to the cloud services. 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Total marks: 100 Answer ALL questions from parts 1 and 2. Part 1 contains 20 questions for a total of 20 points. Part 2 contains 4 essay questions for a total of 60 points. Part 3 contains a short case study and is worth 20 points. This exam is worth 25% of your final grade for COM 110. 3. LAPTOPS/BOOKS/NOTES ARE NOT ALLOWED THIS EXAM PAPER MUST NOT BE REMOVED Page 1 of 9 Read MoreLong Term Effects of Alchool818 Words   |  4 PagesKeith McGrenaghan 12th Grade Alcohol essay The Long-Term Effects of Alcohol Use Alcohol is primarily absorbed through the stomach and the small intestines. It is considered a food because it has calories, but does not need to be digested and proceeds directly into the body through the digestive system. After ingestion it is carried through the blood stream and crosses the bloodÂâ€"brain barrier, at which time impairment begins. 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Sunday, December 8, 2019

4 Step Process free essay sample

Step 1 aâ‚ ¬ Identify the area of law This four step process refers to liabilities of an agent. The case involves an agent called Tim Jones who represents an anonymous seller of chocolate products. Tim arranges a contract with ABC Foods Pty Ltd for the supply of chocolates to the various shops of ABC. Tim fails to notify his principle of the contract hence the supply of chocolates is never produced. ABC is trying to sue Tim for non-performance under the terms of the contract. This process will advise Tim of his position and the options he may have. Step 2 aâ‚ ¬ Explain the law John D Maltas (2008, 18) describes agency in a legal sense as a relationship which exists between two parties whereby one (the agent) is authorised by the other (the principle) to do, on his/her behalf. The agent receives an extension or grant of the contractual powers of the principal. The principle would then determine the limits of the agentaâ‚ ¬Ã¢â€ž ¢s authority. Many business matters are conducted through the instrumentality of an agent. An agent is usually employed to bring about a contractual relationship between the principal and a third party. A Principle will be bound by what the agent does on the principalaâ‚ ¬Ã¢â€ž ¢s behalf provided that the agent has acted within the scope of his/her authority. An agency relationship can be created in one of four ways. Express agreement, implied agreement, operation of law and ratification. Express agreement is a contract, oral or written which contains the intentions of the involved parties in words. Implied agreement can be effective in two situations; if actual authority implies it or if it is implied via estoppel. In the case Australia and New Zealand Bank Ltd v Ateliers de Constructions Electrocutes de Charleroi [1967] 1 AC 86 held that an agent duly appointed to act for the principal in certain business dealings, had actual implied authority to open a bank account to give effect to the businesses arrangements. Estoppel is to remedy injustice that would flow if one person who represented something to another were able to withdraw from that representation with immunity. Operation of law occurs when in situations of emergency, presumed authority to act as an agent. Ratification is when a principle agrees with an unauthorised act done on his/her behalf by an agent. The nature and scope of agents authority is broken into two parts; actual authority and apparent authority. Actual authority can either be expressed verbally and or in writing or it can be implied. An example of expressed actual authority would be when a principle ives an agent a specific instruction to enter into a contract to purchase a particular piece of land at a given price, or to sell a specific item under the principles name. Implied actual authority usually permits an agent to do everything necessary for, and ordinarily incidental to, carrying out his/her express authority. The apparent or ostensible authority is the authority of the agent as it appears from a 3rd party. If an agent is acting outside of their actual authority the agent will be held liable to the principal. When an agent discloses the name of the principal, the contract is deemed to be that of the principal, and the agent is not liable on the contract except where: the agent contracts outside the scope of his/her actual or apparent authority in which case he/she will be liable for damages for a breach of warranty of authority or if the agent agrees he/she is liable. The agent is also liable if he/she contracts by deed in their own name or if the principal is nonexistent. When the agent signs a bill of exchange or written contract in his/her name without identifying him/her as an agent, then he/she will be personally liable on the bill of exchange or contract. As stated in John D Maltas (2008, 45) the general rule is that where an agent discloses the fact that a principal exists but the name of the principal has not been disclosed, the agentaâ‚ ¬Ã¢â€ž ¢s liability is the same as where the name has been disclosed. If the third party contracts knowing there is a principal but does not ascertain the principalaâ‚ ¬Ã¢â€ž ¢s name, the third party cannot sue the agent. In other words the agentaâ‚ ¬Ã¢â€ž ¢s liability is the same provided he/she contracts as an agent whether or not the principals name is disclosed or not. Where an agent contracts in his/her name without disclosing the existence of an agency contract, the agent becomes personally liable on the contract. An agent is under a duty not to exceed the scope of his/her authority. So long as this is not done an agent will not be personally liable to persons with whom he/she deals. Where the agent either expressly or impliedly represents that he/she has authority to enter into a particular transaction and a third party relies upon such representation, the agent is taken to have warranted that such representation is true. In the case of such a warranty being untrue, the agent is liable in damages for breach of warranty. However a principal is liable for the tortuous acts of his/her agent where these have been committed within the scope of the actual or apparent authority under the agency. A principal will not be liable for n agentaâ‚ ¬Ã¢â€ž ¢s fraud where the agent was not authorised to do the act or where the act was not within the class of acts that an agent was usually authorised to do. In order to escape liability the principal must show that he/she did nothing to represent that the agent had authority to do the act. The general position with reference to liability to the principal is that an agent is an intermediary who is employed to negotiate a transac tion(s) on behalf of a principal with another party in order to affect a contact between them. Generally the agent incurs no liability against the principal with regard to the contract. Where an agent, however, disobeys the instructions of the principal, such an agent will be liable for any losses suffered by the principal as a result of breach of the agency agreement. There are a few primary factors in which the agent must obey to prevent acting outside of the agency agreement. These factors are; to follow the principalaâ‚ ¬Ã¢â€ž ¢s instructions, to act in good faith, to make full disclosure of any personal interest, to not make a secret profit and to exercise reasonable skill and care. If any one of these duties of an agent is broken, the agent will likely become liable for damages caused. When following the principals instructions, every agent must act in person and apart from the express or implied authority of the principal, an agent has no authority to delegate his/her duties as an agent to another. This is to ensure that the principal may rely upon the agentaâ‚ ¬Ã¢â€ž ¢s skill or knowledge to be used on his/her behalf. An agent must also act in good faith, which means the agent has a duty to make a full disclosure of any personal interest and not make a secret profit in any agency deals. The agent and principal share a fiduciary relationship and there are obligations of trust and confidence which imposes on a person in circumstances where that person, the fiduciary, is bound to act for the benefit of another, the principal. The agent is under a duty in all cases to act in the interests of the principal and must not allow his/her own interests to conflict with those of the principal. An agent must make full disclosure all the material circumstances of what he/she is aware of, which might influence the principal when entering in to any material negotiation. An agent who is employed for remuneration is presumed to have and is bound to exercise such skill, care and diligence in the performance of the undertaking on behalf of the principal. Where a person asks an insurance agent to obtain insurance and the agent agrees to do so, the agent assumes a duty to exercise the reasonable degree of care and skill appertaining to the insurance industry. If the agent fails to exercise the requisite care and skill in carrying out the terms of the contract of agency, then the agent will be liable to the principal for the loss sustained by the latter as a result of the agentaâ‚ ¬Ã¢â€ž ¢s breach of duty. Step 3 aâ‚ ¬ Apply the law In the Tim Jones vs. ABC Foods Pty Ltd case, the information provided establishes an agency relationship exists between Tim Jones as agent for Henry Phillips, a supplier of chocolate products. This establishes that Tim has been authorised by Henry (the principle) to do the selling of goods, on his behalf. Tim received an extension of the contractual powers of Henry (the principal), in his capacity as agent. It appears that Tim Jones was working lawfully to bring about a contractual relationship between the principal (Henry) and a third party (ABC Foods Pty Ltd). There has not been enough information provided to establish the exact details of the creation of the agency relationship, but clearly tim was working under authority of an express or implied agreement. An express agreement is a contract, oral or written which contains the intentions of the involved parties in words. Implied actual authority usually permits an agent to do everything necessary for, and ordinarily incidental to, carrying out his/her express authority. If an agent is acting outside of their apparent authority the agent may be held liable. The apparent or ostensible authority is the authority of the agent as it appears to a 3rd party. Tim was working within the nature and the scope of his actual and apparent authority. Henry allowed Tim to be the agent for the selling of chocolate products. Tim has demonstrated that he has acted within his apparent powers of his agency agreement. Tim disclosed the presence of an anonymous principal (Henry) hence the contract is deemed to be that of the principal, and the agent is not liable on the contract. However if Tim is proven to operate in a manner outside of the scope of his apparent authority, he will be liable for damages for a breach of warranty of authority. Tim has abided by all of the apparent authority requirements. The general rule states, it was fine for Tim to disclose the fact that a principal exists even if he decided to remain anonymous, the agentaâ‚ ¬Ã¢â€ž ¢s liability is the same as if the name had been disclosed. If the third party contracts knowing there is a principal but does not ascertain the principalaâ‚ ¬Ã¢â€ž ¢s name, ABC Foods Pty Ltd cannot sue Tim on those grounds. In other words Timaâ‚ ¬Ã¢â€ž ¢s liability is the same provided he contracts as an agent whether or not Henryaâ‚ ¬Ã¢â€ž ¢s name is disclosed or not. Generally Tim would incur no liability against the principal with regard to the contract. However, if it can be proven that Tim disobeyed the instructions of the principal, Tim will be liable for any losses suffered by the principal as a result of breach of the agency agreement. Tim must prove that he has acted in good faith, made full disclosure of personal interest, not made any secret profits and that he has exercised reasonable skill and care. Tim followed the principals instructions, every agent must act in person and apart from the express or implied authority of the principal, Tim has no authority to delegate his/her duties as an agent to another. This is to ensure that Henry can rely upon Timaâ‚ ¬Ã¢â€ž ¢s skill or knowledge to be used on his behalf. With the information provided, it can only be assumed that Tim acted in good faith as there did not appear to be any personal benefit for the agent and the contract organised was in the best interest of his principal (Henry). Not enough information is given to make an assumption as to wether any of the money was taken as a secret profit but it could easily be reconciled. Tim had a duty to make full disclosure to Henry of all the material circumstances of what he was aware of. Tim not informing Henry of the number of chocolates ABC required demonstrates a breach of full disclosure. If Tim wanted to remove his liability he would have to prove that he acted bona fide and also that he made a full disclosure of all the material facts. An agent who is employed for remuneration is presumed to have and is bound to exercise such skill, care and diligence in the performance of the undertaking on behalf of the principal. Failing to inform Henry of the contract with ABC Foods Pty Ltd demonstrates a lack of skill and care in the performance of his work. When Henry asked Tim to be his chocolate agent and when Tim agreed, Tim assumed a duty to exercise the reasonable degree of care and skill appertaining to the chocolate industry. Tim failed to exercise the requisite care and skill in carrying out the terms of the contract of agency. Tim will be liable to the principal for the loss sustained by the chocolate supplier as a result of the agentaâ‚ ¬Ã¢â€ž ¢s breach of duty. In the case Aliotta v Broadmeadows Bus Services Ltd (1988) A. T. P. R. 40-873 the defendantaâ‚ ¬Ã¢â€ž ¢s agent, during negotiations of a sale of property did not tell the 3rd party that parts of the lease were subject to council approval. The court held that his was misleading conduct as the agent had a duty to disclose all material information. The case is very similar to the one Tim is facing in the way Tim withheld vital information that affected the contract of goods. Step 4 aâ‚ ¬ Conclusion In conclusion Tim will not be liable to the third party as he demonstrated he acted within his apparent authority and he disclosed the presence of his anonymous principal. However! Tim will be held liable for the damages caused to his principal (Henry) because he did not act within his duties as Henryaâ‚ ¬Ã¢â€ž ¢s agent due to misleading conduct and not disclosing all material information.