Agency, Partnership, and LLCs: Examples & Explanations, Second Edition / Edition 2

Agency, Partnership, and LLCs: Examples & Explanations, Second Edition / Edition 2

by Daniel S. Kleinberger
     
 

ISBN-10: 0735524688

ISBN-13: 9780735524682

Pub. Date: 09/01/2002

Publisher: Wolters Kluwer Law & Business

This successful study guide builds on a solid foundation to present an updated review of the key issues in the law of agency, partnership, and limited liability companies. In 14 straightforward chapters, Agency, Partnerships, and LLCs: Examples & Explanations, Second Edition, covers essential topics and explains them in terms students can easily

Overview

This successful study guide builds on a solid foundation to present an updated review of the key issues in the law of agency, partnership, and limited liability companies. In 14 straightforward chapters, Agency, Partnerships, and LLCs: Examples & Explanations, Second Edition, covers essential topics and explains them in terms students can easily understand.

This book earned its popularity through:

  • clear and engaging text that demystifies the subject
  • helpful use of visual aids, such as diagrams and charts
  • interesting examples that capture and hold student attention
  • focus on areas that traditionally give students the most difficulty

    The Second Edition features:

  • an agency chapter that includes important points from the Drafts of the Restatement (3d) of Agency
  • partnership chapter that gives roughly equal coverage to the original Uniform Partnership Act (UPA) and the Revised Uniform Partnership Act (RUPA) detail on Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs)

    The past 15 years have seen a revolution in the form and number of business entities, and allocating coverage in a business organizations course has never been more challenging. Agency, Partnerships, and LLCs: Examples & Explanations is designed to support your students and supplement classroom instruction regardless of the coverage decisions you make.

  • Product Details

    ISBN-13:
    9780735524682
    Publisher:
    Wolters Kluwer Law & Business
    Publication date:
    09/01/2002
    Series:
    Examples & Explanations Series
    Edition description:
    Second Edition Revised
    Pages:
    488
    Product dimensions:
    7.00(w) x 10.12(h) x 0.90(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 Roleand 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 õ9)

    10.3 Binding the Partnership Through Partner Admission (UPA õ11)

    10.4 Binding the Partnership Through Information Possessed by a Partner (UPA õ12)

    10.5 Binding the Partnership Through a Partner’ s Tortious Acts (UPA õ13)

    10.6 Binding the Partnership Through a Partner’ s Breach of Trust (UPA õ14)

    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

    Index

    Customer Reviews

    Average Review:

    Write a Review

    and post it to your social network

         

    Most Helpful Customer Reviews

    See all customer reviews >