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a.
i.
ii.
iii.
b.
Written Contract
Oral Contract
Inadvertently: by persons action depending on the facts and
circumstances
Natural &. Natural
Natural & Juridical
Juridical & Juridical
i.
ii.
2.
i.
ii.
iii.
d.
e.
Created by:
i.
ii.
iii.
c.
Share debts
Share Profits
a.
i.
ii.
iii.
iv.
5.
a.
i.
Except
(A) alienation
(B) lease, or
(C) Encumbrance of its immovable.
6.
a.
i.
ii.
iii.
7.
a.
i.
ii.
iii.
b.
i.
(B)
a.
c.
(a) This Article establishes a relationship of mandate between the partnership and its
partners. The scope of authority of the mandate created by this Article is limited to acts
within the ordinary course of the business of the partnership. This Article abolishes the
distinctions made in the Louisiana Civil Code of 1870 and in the jurisprudence between the
commercial partnership, whose partners had the implied power to bind the partnership for
acts within the ordinary course of its business, and the ordinary partnership, whose partners
did not have that implied power. A partner who has no authority to act for the partnership
due to a stipulation in the partnership agreement can bind the partnership if the third person
with whom he deals neither knows nor has reason to know of the partner's lack of authority
to bind the partnership.
8.
d.
e.
(c) Although a stipulation to the effect that a partner is not a mandatary of the partnership
does not affect third persons, the stipulation is nevertheless effective between the partners
themselves.
a.
b.
A partnership may be
expressly or tacitly continued
i.
ii.
c.
d.
9. Rule(3013)
a. The principal is bound to the mandatary when the mandatary is w/
fault:
i. To compensate the mandatary except for the loss caused by the
fault of the mandatary.
10. Rule(3011)
a. The mandatary act within the limits of his authority when he fulfills
his duties in a manner more advantageous to the principal.
11.
iii.
b.
13. Rule(3013)
a. The principal is bound to the mandatary when the mandatary is w/
fault:
B. To compensate the mandatary except for the loss caused by the
fault of the mandatary.
2. Pesson v. Kleckly
A. Three way a mandatary sign on behalf of the principal.
i. P, by A, is a agent
ii. A as agent for P
iii. COMPANY (include INC, LLC, etc) by A, TITLE (Vice
President)
1.
a.
The principal may terminate the mandate and the authority of the
mandatary at any time.
b.
i.
ii.
2.
Each partner owes the partnership all that he has agreed to contribute to
it.
a.
A partner who acts in good faith for the partnership may be a creditor
i.
ii.
iii.
b.
1.
a.
3.
a.
i.
2.
1.
2.
if, within ninety days after such event, all the remaining
partners agree to continue the partnership in writing and
the partners may appointment one or more general
partners if necessary or desired.
a.
b.
c.
d.
A partnership may be
e.
f.
1.
2.
3.
powers,
rights, and
obligations are defined in this Chapter.
B.
i.
ii.
money,
things, or
iii.
C.
i.
ii.
D.
i.
ii.
time or
circumstances upon which the
1.
2.
3.
money or
other things are to be delivered, or
the services are to be performed, and if it fails to do so,
payment is due on demand.
3.
4.
5.
6.
7.
2.
3.
4.
5.
Registration is effective for one year after the date the registration is filed,
unless voluntarily withdrawn by filing with the secretary of state a written
withdrawal notice executed by a majority in interest of the partners or by one
or more partners authorized by a majority in interest of the partners.
6.
The secretary of state may provide forms for application for or renewal of
registration.
The secretary of state shall register or renew any partnership that submits a
completed application with the required fee.
2.
The liability protection afforded to a member of a LLP are that a partner is not
individually liable for the liabilities and obligations of the partnership arising from
tortious conduct committed in the course of the partnership business by another
partner or a representative of the partnership.
3.