Agency

Question 1

agency creation (ABC)

Answer 1

assent (mutual) + benefit of P + control (P)

Question 2

agency termination (ADE)

Answer 2

agmt or death/incapacity or expiration

Question 3

actual authority

Answer 3

express or implied

Question 4

express authority

Answer 4

oral or in writing

Question 5

implied authority

Answer 5

necessary to carry out mission or acted similarly in past or customary

Question 6

apparent authority

Answer 6

A holds out + 3rd party relies on it (know of P)

Question 7

ratification

Answer 7

P can ratify conduct of A

Question 8

undisclosed P

Answer 8

A liable for Ks entered into

Question 9

P liability of employee

Answer 9

P liable if within scope of employment

Question 10

scope of employment (ATPP)

Answer 10

action (detour =/= frolic); time (during work); place; purpose

Question 11

P liability of indep contractor

Answer 11

P not liable unless inherently dangerous

Question 12

indep contractor factors

Answer 12

pay, supplies, supervision

Question 13

A duty of care

Answer 13

reasonable care + loyalty + obedience

Question 14

GP

Answer 14

2 ppl + carrying on biz for profit + co-owners

Question 15

GP liability

Answer 15

all partners jointly and severally liable for others

Question 16

LP

Answer 16

one GP (directs) + one LP (passive)

Question 17

LP creation

Answer 17

file cert: sig names + address + office

substantial compliance req

Question 18

LLP

Answer 18

LP + approval + qualification statement

Question 19

partner control

Answer 19

equal control in decisions

normal decisions: majority
big decisions: unanimous

Question 20

GP P&L

Answer 20

share in profits and losses together

Question 21

LP P&L

Answer 21

share in P&L proportionate to contributions

Question 22

partner duty of care

Answer 22

avoid gross negligence + loyalty

Question 23

partnership dissolution (WET)

Answer 23

written consent of all + event everyone agrees on + term ends