Scribd Logo
Upload

Welcome to Scribd!

  • 6 views

    Essay Templates (Secret Weapons)

    Uploaded by

    Kristen Nikole
    Essay Templates (Secret Weapons)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Essay Templates (Secret Weapons)

    Uploaded by

    Kristen Nikole
    6 views81 pages
    Essay Templates (Secret Weapons)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Essay Templates (Secret Weapons)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views81 pages

    Essay Templates (Secret Weapons)

    Uploaded by

    Kristen Nikole
    Essay Templates (Secret Weapons)

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 81
    §tudicata Secret Weapons Uniform Bar Exam / Multistate Essay Exam IU WWayAen kg Studicata UBE Self-Study Program: Secret Weapons Copyright 2019 Studicata Al rights reserved. No part of this document may be reproduced in any form or by any means without express consent of Studicata Contact Information Please email any questions, comments, or concerns to: info@studicata.com © 2019 Studicata | www.studicata.com BUSINESS ASSOCIATIONS CREATION: An agenyrelatonsip crested when anager resigns AND terminated the portion he 1 agetor pnp anf othe oterthe 3 burn othe agency cans ied The ageney elt may trite by operation afte tte 1 psencor erin des 2. Aaentor pineal ses apse; OR 3. agent matrty bWercher»hdcery Guy owed to ence AuT#oRiTy To BIND PRINCIPAL: An agent nay bind 2 Gr appren author. Once spinal aly Dou te (cores or Imled) when te agent reasonbl beeen express Authority, Atal expres authority ets when the rina ets the agent fo nga nthe rece opted aumowry. tn! ine authoty sx when efthe pips words or conduct thet he pnp whe th ge tae on Nba APPARENT AUTHORITY An agen ats th pparet 1 Ihe praca holds the agent ous avo author we acon the pineal s shalt AND 2. Thepeinests conte when eosoabl agers appearance of autor when desing th RESPONDEAT SUPERIOR: An employer (principal) may be liable for torts committed by an employee (agent) if: 1 "gmemployer employes reetonsip ests AND 2 Theemployedt commision of tet occur wiih scope of employment INDEPENDENT CONTRACTORS: Genera ern is ot abl © 2019 Studicata | www.studicata.com the key factor in determining whether an agent is an independent contractor. Other relevant factors include: 1. The nature of the work 2. The skill required in the particular occupation; 3. Who supplies the equipment or tools to perform the work: 4, The method of payment (hourly, salary, etc.); 5. The length of the employment; AND 6. How the parties characterize the transaction. GENERAL PARTNERSHIP (GP): 4 GP is @ type of partnership we or more person 3. Tecamyon business for prof LIMITED PARTNERSHIP (LP): An LP consists of one or more deuonl tbe een of hr mermere te LIMITED LIABILITY PARTENRSHIP (LLP): An LLP limits a tscommited by another garter Any poe may become ant upon the prov ofthe partes by vote; AND 2. flings ttemento uation th the secretary afar TORT LABIUTY: General pres are ony and evra Tr thin te oraery couse of Busnes GR 2. Win thesutery ofa he partners CONTRACT UABITY: Each porter on agent ofthe pare. Therefore tesco afeven pane that the partnership's business bind the partnership, unless the Tare sthorytseton beat ofthe partes DUG DUTY OF CARE: Each partner owes a limited fiduciary duty of UBE Self-Study Program | QuickSheets | Business Associations 1 care to the partnership and other partners, which requires that each partner refrain from engaging in: 1. Grossly negligent or reckless conduct; 2. Intentional misconduct; OR 3. Aknowing violation of the law. DUTY OF LOYALTY: Each partner owes a fiduciary duty of loyalty to the partnership and other partners, which requires that each partner: 1. Act in good faith and fairly toward the other partners; 2. Account for any property, profit, or benefit derived by the partner fram the partnership business; AND 3. Refrain from ‘a. Competing with the partnership; AND .Usurping a business opportunity that properly belongs to the partnership. EFFECT OF BREACH: Ifa partner breaches the duty of care or loyalty, he may be held personally liable for damages. EE SS DISSOLUTION: Dissolution of a partnership does not immediately terminate the partnership. Rather, the partnership enters a "winding up” phase, which continues Until the winding up of the partnership's affairs is completed ‘CAUSES: There are three main causes of dissolution 1. Actions taken by the partners (eg, dissociation); 2. Operation of law (e.g, the partnership's business becomes illegal); OR 3. Court order (e.g, a judicial dissolution may be granted ifit becomes impracticable to continue the partnership's business) UNIFORM PARTERNSHIP ACT (UPA): Under the UPA, any change in partner membership automatically triggers

    You might also like