Agency and Partnerships Flashcards

1
Q

Creation of an agency relationship

A
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2
Q

Types of agency relationships

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3
Q

Termination of agency relationship

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4
Q

Agency contracts

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5
Q

Actual authority

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6
Q

Apparent authority

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7
Q

A principal holds an agent out as having authority if:

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8
Q

Apparent authority is not applicable if:

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9
Q

Unidentified/partially disclosed principal

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10
Q

Undisclosed principal

A
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11
Q

Inherent agency power (first group)

A
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12
Q

Inherent agency power (Second group)

A
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13
Q

Ratification

A
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14
Q

Agent’s contractual liability

A
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15
Q

Employee v. independant contractor

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16
Q

Respondeat superior doctrine

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17
Q

Time place purpose test

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18
Q

Respondeat superior: intentional torts

A
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19
Q

Not within the scope of employment

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20
Q

Liability if respondent superior is inapplicable

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21
Q

Liability for independant contractors

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22
Q

Duties owed by agent to the principal

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23
Q

Authorities

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24
Q

General partnership

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25
Q

Limited partnerships

A
26
Q

Limited liability partnership

A
27
Q

Amending the partnership agreement

A
28
Q

Authority to bind the partnership

A
29
Q

Express actual authority

A
30
Q

Ordinary course of business

A
31
Q

Implied actual authority

A
32
Q

Apparent authority of partners

A
33
Q

Authority to bind the partnership after dissolution

A
34
Q

Liability of general partners

A
35
Q

Liability of incoming partners

A
36
Q

Judgement enforcement against a partner’s personal assets

A
37
Q

Liability of limited partners

A
38
Q

Sharing of profits and losses

A
38
Q

Right to management and control

A
39
Q

Liability of limited liability partners

A
40
Q

Transfer of partnership ownership

A
41
Q

Right to partnership property

A
42
Q

Remuneration (payment for partner’s services)

A
43
Q

Advance of funds and reimbursement

A
44
Q

Management and control in LP

A
45
Q

LP’s right to inspect records

A
46
Q

Duty of care

A
47
Q

Duty of loyalty

A
48
Q

Duty to provide full information

A
49
Q

Action against a partner for misconduct

A
50
Q

Dissociation (withdrawal of a partner)

A
51
Q

Dissociation events

A
52
Q

Wrongful dissociation

A
53
Q

Dissolution of a general partnership

A
54
Q

Does dissociation cause dissolution?

A
55
Q

Dissolution of a limited partnership

A
56
Q

Dissolution

A
57
Q

Winding up

A
58
Q

Termination

A
59
Q

Distribution of partnership assets

A