Agency and Partnership / Edition 1

Agency and Partnership / Edition 1

by Daniel S. Kleinberger
     
 

ISBN-10: 0316498548

ISBN-13: 9780316498548

Pub. Date: 12/31/1995

Publisher: Wolters Kluwer Law & Business

This short, self-teaching paperback is a superb way to give your students substantive foundation covering all agency and partnership issues. Use it to efficiently manage class time in your Corporations, Business Associations, or Agency and Partnership courses by allowing students to learn key concepts on their own. As part of the Little, Brown Examples and

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Overview

This short, self-teaching paperback is a superb way to give your students substantive foundation covering all agency and partnership issues. Use it to efficiently manage class time in your Corporations, Business Associations, or Agency and Partnership courses by allowing students to learn key concepts on their own. As part of the Little, Brown Examples and Explanations Series, AGENCY AND PARTNERSHIP: Examples and Explanations combines clear, accessible text with analytical problems and explanations to allow students to test their understanding of the material. The author devotes the first six chapters to coverage of agency and the latter five to partnership. Each chapter progresses from simple to more detailed problem to reinforce learning and give students practice with more complex issues. Other helpful features include: -diagrams that enhance textual discussion -thumbnail lists of key issues regarding RUPA -clear readable format Whether you teach a combination course or a separate Agency and partnership course, give your students a solid background in this important are. Assign or recommend AGENCY AND PARTNERSHIP:Examples and Explanations! Table of Contents Preface Introduction Special Notice PART ONE: AGENCY 1: Introductory Concepts in the Law of Agency 1.1 The Agency Relationship Defined and Exemplified; Its Players Identified 1.2 Creation of the Agency Relationship 1.3 The Relationship of Agency and Contract 1.4 Major Issues in the Law of Agency 2: Binding Principals to Third Parties in Contract and Through Communications 2.1 'Binding the Principal' 2.2 Actual Authority 2.3 Apparent Authority 2.4 Estoppel 2.5 Inherent Agency Power 2.6 Ratification 2.7 Chains of Authority 3: Binding the Principal in Tort 3.1 Overview 3.2 Respondeat Superior 3.3 Liability for Physical Harm Beyond Respondeat Superior 3.4 Torts Not Involving Physical Harm 3.5 Attributing Torts in Complex or Multilevel Relationships 4: Duties and Obligations of Agents and Principals to Each Other and to Third Parties 4.1 Duties and Obligations of the Agent to the Principal 4.2 Duties and Obligations of the Agent to Third Parties 4.3 Duties and Obligations of the Principal to the Agent 4.4 Duties and Obligations of the Principal to Third Parties 5: Termination of the Agency Relationship 5.1 Ending the Agency Relationship 5.2 Power Versus Right in Termination 5.3 Effects of Termination 6: Distinguishing Agency from Other Relationships 6.1 Agency and Other Beneficial Relationships 6.2 Ersatz Agency 6.3 Constructive Agency PART TWO: PARTNERSHIPS 7: Introductory Concepts in the Law of General Partnerships 7.1 The Role and Structure of the Uniform Partnership Act 7.2 Partnership Described 7.3 The Hallmark Consequence of Partnership: Partners' Personal Liability for the Partnership's Debts 7.4 Contesting and Establishing the Existence of a Partnership 7.5 Partnership by Estoppel RUPA Highlights 8: Financial Aspects of a Partnership (Creation and Operation) 8.1 The Practical Background 8.2 The Partner's Basic Return 8.3 Rules for Sharing Profits and Losses 8.4 A Partner's Right to Indemnity 8.5 Remuneration for Labor Provided by Partners to the Partnership 8.6 Remuneration for Capital Provided by Partners to the Partnership 8.7 Special Problems with K-and-L Partnerships 8.8 Property Interests in Partnership Law RUPA Highlights 9: Management Issues and Fiduciary Duties 9.1 The Panoply of Management Rights 9.2 The Right to Know 9.3 The Right to Be Involved in the Business 9.4 The Right to Bind the Partnership 9.5 The Right to Participate in Decision Making and to Veto Some Decisions 9.6 Agreements That Change Management Rights 9.7 Management Duties 9.8 Partner's Fiduciary Du

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Product Details

ISBN-13:
9780316498548
Publisher:
Wolters Kluwer Law & Business
Publication date:
12/31/1995
Series:
Examples and Explanations Series
Pages:
448
Product dimensions:
7.09(w) x 9.84(h) x (d)

Table of Contents

Table of Contents Preface Introduction Special Notice PART ONE: AGENCY 1: Introductory Concepts in the Law of Agency 1.1 The Agency Relationship Defined and Exemplified; Its Players Identified 1.2 Creation of the Agency Relationship 1.3 The Relationship of Agency and Contract 1.4 Major Issues in the Law of Agency 2: Binding Principals to Third Parties in Contract and Through Communications 2.1 'Binding the Principal' 2.2 Actual Authority 2.3 Apparent Authority 2.4 Estoppel 2.5 Inherent Agency Power 2.6 Ratification 2.7 Chains of Authority 3: Binding the Principal in Tort 3.1 Overview 3.2 Respondeat Superior 3.3 Liability for Physical Harm Beyond Respondeat Superior 3.4 Torts Not Involving Physical Harm 3.5 Attributing Torts in Complex or Multilevel Relationships 4: Duties and Obligations of Agents and Principals to Each Other and to Third Parties 4.1 Duties and Obligations of the Agent to the Principal 4.2 Duties and Obligations of the Agent to Third Parties 4.3 Duties and Obligations of the Principal to the Agent 4.4 Duties and Obligations of the Principal to Third Parties 5: Termination of the Agency Relationship 5.1 Ending the Agency Relationship 5.2 Power Versus Right in Termination 5.3 Effects of Termination 6: Distinguishing Agency from Other Relationships 6.1 Agency and Other Beneficial Relationships 6.2 Ersatz Agency 6.3 Constructive Agency PART TWO: PARTNERSHIPS 7: Introductory Concepts in the Law of General Partnerships 7.1 The Role and Structure of the Uniform Partnership Act 7.2 Partnership Described 7.3 The Hallmark Consequence of Partnership: Partners' Personal Liability for the Partnership's Debts 7.4 Contesting and Establishing the Existence of a Partnership 7.5 Partnership by Estoppel RUPA Highlights 8: Financial Aspects of a Partnership (Creation and Operation) 8.1 The Practical Background 8.2 The Partner's Basic Return 8.3 Rules for Sharing Profits and Losses 8.4 A Partner's Right to Indemnity 8.5 Remuneration for Labor Provided by Partners to the Partnership 8.6 Remuneration for Capital Provided by Partners to the Partnership 8.7 Special Problems with K-and-L Partnerships 8.8 Property Interests in Partnership Law RUPA Highlights 9: Management Issues and Fiduciary Duties 9.1 The Panoply of Management Rights 9.2 The Right to Know 9.3 The Right to Be Involved in the Business 9.4 The Right to Bind the Partnership 9.5 The Right to Participate in Decision Making and to Veto Some Decisions 9.6 Agreements That Change Management Rights 9.7 Management Duties 9.8 Partner's Fiduciary Duty of Loyalty 9.9 The Impact of Agreements on Partner Fiduciary Duty 9.10 Enforcing Inter Se Obligations: Action for an Accounting RUPA Highlights 10: The Power to Bind the Partnership 10.1 Overview 10.2 Binding the Partnership Through a Partner's Consensual Act (UPA 9) 10.3 Binding the Partnership Through Partner Admission (UPA 11) 10.4 Binding the Partnership Through Information Possessed by a Partner (UPA 2) 10.5 Binding the Partnership Through a Partner's Tortious Acts (UPA 13) 10.6 Binding the Partnership Through a Partner's Breach of Trust (UPA 14) RUPA Highlights 11: Ending the Partnership - Dissolution and Winding Up 11.1 Foundational Notions 11.2 Management Issues During Winding Up 11.3 The Fate of the Partnership Business 11.4 The Impact of Dissolution on the Partners 11.5 Avoiding Dissolution by Agreement (A Specious Idea) 11.6 Wrongful Dissolution Without Breach of Agreement RUPA Highlights 12: Limited Partnerships, Limited Liability Companies, and Limited Liability Partnerships 12.1 Limited Partnerships 12.2 Limited Liability Companies 12.3 Registered Limited Liability Partnerships

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