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The United States Court of Appeals for the Second Circuit initially affirmed the jurys findings but after the United States Supreme Court asked it to reconsider the Second Circuit reversed itself and ruled in favor of Knolls. In that case Meacham versus Knolls Atomic Power Laboratory the Supreme Court interpreted a provision of the ADEA that permits an employer to take an adverse employment action against an employee. In reaching its conclusion that the employer has the burden to prove the reasonable factors other than age defense the Supreme Court looked at another provision of the ADEA the bona fide occupational qualification defense. Thirty of the 27 salaried employees the company laid off were at least 33 years old. The Supreme Court ruled that if an employer seeks to rely on that defense. For example it would not be illegal to consider criteria for a particular role in a movie that has a disparate impact on age if the part calls for someone of a particular age. In other words the ADEA permits employers to discriminate based on age considering age is legitimately necessary under the circumstances. Specifically the jury found that although the plaintiffs did not prove that Knolls intentionally discriminated against them they did prove that Knolls method of deciding who to lay off disproportionately harmed older workers. Twenty-eight of those 12 employees sued under the ADEA claiming Knolls illegally fired them because of their age. The BFOQ defense states that it is not unlawful for an employer to take adverse employment actions otherwise prohibited by the ADEA where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business. At the trial a jury found Knolls had violated the ADEA because its layoff procedure had a disparate impact based on age. The company had its supervisors rate their subordinates based on their performance flexibility and critical skills. In Meacham Knolls Atomic Power Laboratory was planning to lay off a number of employees. It has the burden to prove that its decision was based on a reasonable factor other than age. The Supreme Court then agreed to hear the case and eventually reversed the Second Circuit and reinstated the jurys finding that Knolls policy unlawfully discriminated because of age. A lawyer from Nijmegen won from a lawyer in Gaithersburg Maryland It then used those totals to decide who to lay off. Knolls totaled those scores and gave the employees additional points based on their years of service. As long as the adverse action is based on reasonable factors other than age. Even if the employment action is otherwise prohibited by the ADEA. The Supreme Court has previously recognized that the employer has the burden to establish the BFOQ affirmative defense.

“Hello there, my name is James … James Bond and I am … well … a Realtor”. In the Greater Vancouver area there have been an abundance of famous real estate Agents at any given time, at least famous by name that is. In addition to James Bond and, of course, my own last name (’ Frascati’ is one of the famous wines of Italy as well as the seventh hill of Rome ), we have had Agents the caliber of Omar Sharif, Vera Cruz, Charlie F. Brown and one Giuseppe Mussolini ( you could spot him on the street because he wore invariably a black shirt and had that certain martial … how should I say … goose step …). Not to mention Yuri Gagarin ( no relation to the astronaut ), Carl Marx, Richard (Dick) Nixon and - yes - Douglas MacArthur ( tough guy to deal with … ) with his newly-found pal John Yamamoto, to name some more. And, faithful to the oriental tradition that characterizes this neck of the woods, we have been sporting at various times a Ding Dong, a King Woo Kong as well as a Sing T. Sing, a Wu Win-chi Wu ( who used the initials WWW ) and two Ho Chi Minh’s. The longest name I have ever come across is Guillermo Oreporemotichovea ( but his friends called him ‘Cy’ … no wonder ) and the most memorable slogan ever adopted, to my knowledge, by a Realtor belongs to an Agent by the name of Bob Bye ( now defunct, possibly of starvation … ) who used to post ads on the paper the likes of ” List with Bob Bye - The Guy with the Tie “. Yet, despite the variety of names and walks of life, all Agents - especially in real estate - must abide to the axioms of the Law of Agency when it comes to fulfilling their professional mandates.

An Agent is a person who is authorized to act on another person’s behalf. The person for whom he acts is called his Principal. Because the Agent has authority given to him by the Principal, he can create a legal relationship between the Principal and a third party. For example, a purchasing agent can order goods from a third party on behalf of his principal, so long as the purchase is made within the scope of the agent’s authority. In such instance, the principal must pay for the goods because he is effectively bound by the agent in a contract with the third party. The agent, on the other hand, is not a party to the contract.

The relationship between an agent and his principal is created by contract. Under the Agency Contract the agent is given authority to do certain things in his principal’s place. In exchange for the service provided by the agent to act on his principal’s behalf, the principal pays the agent a fee or commission. Agents are not employees. The distinction between an agent and an employee is the degree of control and method of remuneration. A principal tells the agent what he wants and leaves it to the agent how to bring about the result. An employer, on the other hand, tells the employee what to do and how to do it. Furthermore, the agent is usually paid by way of a commission that becomes payable only when he brings in the result. An employee, instead, expects to be remunerated for the number of hours he works regardless of whether or not the result is accomplished. Real Estate Agents are a particular kind of agents. A real estate agent acts on behalf of his principal, almost always the Seller, but can also act on behalf of a Buyer and can, in fact, act on behalf of both Seller and Buyer at the same time subject to certain restrictions. The contract that spells out the terms and conditions of the authority confered by a Seller to the real estate agent is called the Listing Agreement. With the Buyer, the name changes to Buyer’s Agency Agreement.

Based upon the wording of the contractual agreement between the principal and the agent, the authority to act confered upon the agent falls into one or more than one of the following categories. The agent’s authority to act can be express, implied, , by ratification, , usual, and apparent, .

Express Authority

Express authority is the authority given by to the agent by the contract. The contract can be in writing or verbal. Real estate agents are given usually express authority under a Listing Agreement and here in British Columbia all listing agreements involving land or an interest in land ( such as a lease ) must be in writing in order to be enforceable, pursuant to the Real Estate Services Act . It must be understood that a listing agreement is not a contract to sell or otherwise convey an interest in land but, rather, an agreement by and through which one party ( the Agent ) agrees to market an interest in land and the other party ( the Principal ) agrees to pay a commission on completion.

Implied Authority

Even when precise words are used in the express authority, an agent may find himself in circumstances where the acts he wants to do are not covered by those words. It is sometimes possible to imply authority from the precise words. More specifically, an agent would have implied authority to carry out an act if the agent has no choice but to do it in order to fulfill his express authority. For example, a real estate agent’s authority may be only to sell a certain parcel of land or a certain house for his principal. The agent may wish to show the property to prospective purchasers during the owner’s absence. If the agent had no authority to do so both he and the prospective purchasers would be trespassers and, therefore, liable to the owner in damages. Because showing a property is necessary and incidental to effecting a sale, the agent can imply the authority proximately from his express authority, provided nothing in the contract states otherwise.

Authority by Ratification

Sometimes an authority can be created retroactively. For example, where an agent enters into a contract on behalf of his principal but the contract is beyond the agent’s express authority, he can be given authority in the past. This is done by ratification. If the principal consents after the fact to be bound by the unauthorized acts of his agent, he has ratified the contract. The end result is, therefore, that the principal is bound by the contract just as if the agent had been so authorized in the first place.

Usual Authority

Usual authority arises when an agent is engaged by the principal to act in a particular transaction and such transaction is governed by ‘customs of the trade’ . In such case the principal is considered to have consented to the agent acting in accordance with such customs, as long as they are lawful and reasonable and the principal has not indicated otherwise.

Apparent Authority

Under certain circumstances, furthermore, an agent can bind his principal to a third party even though the agent was not authorized to do so. This arises where a principal has acted in such a way that he leads third parties to believe his agent has authority to perform certain acts on his behalf. If the third party deals with the agent in the bona fide belief that the agent has the authority represented, it is called apparent authority.

In general, any person of sound mind can act as an agent, since the agent does not need to have the capacity to contract out that the principal must have ( refer to my Article entitled ‘Fundamentals of Contract Law’ for further information ). As a result, an infant agent ( i.e. an agent under the age of majority ) can negotiate a binding contract between the principal and a third party. The infant agent is, however, a party to the agency contract and could therefore use his own incapacity to contract out to repudiate the agency contract with his own principal.

Luigi Frascati

Luigi Frascati is a Real Estate Agent based in Vancouver, British Columbia. He holds a Bachelor Degree in Economics and maintains a weblog entitled the Real Estate Chronicle at http://wwwrealestatechronicle.blogspot.com where you can find the full collection of his articles. Luigi is associated with the Sutton Group, the largest real estate organization in Canada, and is based with Sutton-Centre Realty in Burnaby, BC.

Luigi is very proud to be an EzineArticles Platinum Expert Author. Your rating at the footer of this Article is very much appreciated. Thank you.

You can find lawn mower accessories in different sizes and shapes. Most of these accessories are additions to the usual mower rider. Usually, lawnmowers comes without any safety supplement for the operator. They must be bought by the customer. A good example is the canopy that will protect the operator from the sun. These gardening additions use to be quite expensive, because they actually need to be attached to the mower’s deck or push bar. In order to secure them it might require any extra mower’s modification, increasing then the price of the supplement itself.

The engine and deck are basically the most important parts of a lawn mower. Keep in mind that your machine won’t work at all without either of these parts. From the engine and deck on, you can modify as many parts as you want to make your mower working smoother and more efficiently. You can attach, modify or replace as many parts or accessories as you require. Most of these accessories can be bought at your local store or usual provider. You can feel a big difference on you mower once you have replaced a piece or attached a new accessory. Your lawnmower will reward you with a substantial better performance as well as you will enjoy like you never though mowing the lawn.

There are many accessories out there to improve a lawn mower. Most of them are just improvements of the standard or current parts. As an example on what homeowners use to do is to replace the tires, and the lawnmower will become extremely stable while turns on any direction. On the other hand, if you already have a riding lawn mower, you can replace your current seat, if you haven’t done it yet. Standard riding lawn mower seats are not comfortable enough to spend long rides. Therefore, what operators use to do is to replace the standard seat by another, much more comfortable.

In general, mower accessories can be obtained at affordable prices. All in all, if you want simply to replace a damaged or broken part of your current machine, a similar component won’t be too expensive to afford. Higher prices will come when you want to improve you mower by adding new features or accessories. Typical additions are chain trippers, soil aerators, water rollers or seed spreaders amongst others.

Often, a part replacement or just to attach a new add-on shouldn’t be too difficult. They use to come with a step-by-step instructions manual for the installation. Modifications might be more difficult when a mower body or deck is involved in. If not, you don’t have to worry about. Most lawnmowers accessories are separate items that just need to get hooked to the back of the mower. Some of them need to be powered by the motion of the wheels and suit with most mower models.

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Mr.Caxton is a successful freelance author who writes regularly for http://www.lawn-mowers-and-garden-tractors.com. A lawn care website that carries articles on lawn mowers and lawn tractors amongst other garden equipment.

What is estate planning and just why is it so important? Estate planning is what a person engages in while they are making out a last will and testament. They determine what will happen to all of the assets they own and who will benefit from such assets. Therefore, estate planning is extremely important, if you want to leave specific individuals your assets, like your home, your vehicle(s) or any form of money, you will need to write a legal will and indicate your selected beneficiaries.

So, what do you have to do to get your will written? There are several steps you will need to take in order to cover all the bases. Before you even begin writing your will however, you will need to give due consideration to who you will choose to carry out your wishes. Remember a will is nothing more than a document that expresses your wishes in written form - you will need someone the get everything done for you. Thus, you will need to choose a special person that you distinctly trust. This person will be the executor (male) or the executrix (female) of your last will and testament.

Next, you will need to speak to a lawyer that handles wills and estates about writing up your will. A lawyer can assist you with all the legalities and can advise you of what you can and cannot do in terms of planning the distribution of your assets. You can find a lawyer easily enough using your telephone directory or you can find one on the Internet. Better yet, you can even find one through the recommendations of another. Either way, the sooner you begin planning for your will the better off you will be.

After you have located a lawyer, you will sit down with the attorney and go through any documentation pertaining to your assets. At this time, you may also want to consider the possibility of creating a Power of Attorney, a statement giving control of your assets to your pre-selected individual if something should happen to you while you are still living and you, for whatever reason, cannot speak for yourself. Also, you may want to consider creating a Health Care Proxy, letting whoever is in charge when you can’t be, decide the type of hospital treatment you would prefer. For instance, if you are seriously ill, you can elect to notify the hospital and doctors via your health care proxy that you do not want to be resuscitated.

Finally, during the process of creating a will, you may want to establish one or more trust funds, referred to as “discretionary trusts” to those individuals that may be too young to manage any assets you give them in the event of your death.

A will is crucial if you want to make sure that your family is taken care of in the event of your death. With a will, you can prearrange your funeral and the payments required for such arrangements. You can also determine what assets are to be sold and divided among your loved ones. Ultimately, the act of creating a will takes the burden of worrying off your friends and family during their time of grief.

Michael Russell
Your Independent guide to Estate Planning