relationships with TPs Flashcards

1
Q

what is the relationship between a partner and the P

A

agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

actual authority

A

partner can bind P w/ express or implied authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

apparent authority

A

partner must perform act in OCOB

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

when can a TP not hold the partnership liable?

A

TP knew the partner lacked authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

how would you transfer partnership property titled in the partnership’s name

A

instrument of transfer in P name

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

how would you transfer partnership property titled in the a partner’s name

A

instrument of transfer in 1+ partner’s names

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

when can you get property back that was transferred w/o authority?

A

if P interest was indicated in transfer instrument

OR

transferee aware property belonged to P and partner did it without authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what if a partner commits a tort on a TP?

A

P liable if it was committed in P OCOB or with P authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what if the partnership is liable in suit?

A

partnership liable

partners jointly and severally liable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

how would a creditor reach a partner’s assets?

A

need judgment against them personally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly