Barbri Review
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
|
|
||||
|---|---|---|---|---|---|
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Issue | show 🗑
|
||||
| show | 1. A principal-agent relationship exists, and
2. Tort was committed by agent within scope of that relationship
🗑
|
||||
| show | 1. Assent,
2. Benefit,
3. Control
🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship requires, Assent | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship requirement, Benefit | show 🗑
|
||||
| show | Principal has right to control, by having power to supervise the manner the agents of performance
🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship requirement, Control- Subagent | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship requirement, Control- Borrowed agents | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship, Agents v. Independent contractors | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship, Agents v. Independent contractors- Independent contractors | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Principal-agent relationship, Agents v. Independent contractors- Independent contractors, Exceptions | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Scope of principal-agent relationship factors, Conduct of the kind | show 🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Scope of principal-agent relationship factors, "On the job" | show 🗑
|
||||
| show | Did agent intend to benefit the principal?
Partial benefit is enough to be within scope
🗑
|
||||
| show | Intentional torts like battery or assault are outside the scope
🗑
|
||||
| Agency- Liability of Principal for Torts of Agent Respondeat superior or Vicarious liability: Intentional torts, Exceptions | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Issue | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Test | show 🗑
|
||||
| show | Principal used words to express authority to agent
🗑
|
||||
| show | Actual express authority can be oral and private
🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Actual express authority, Exception- Equal dignities | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Actual express authority, Revoked | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Actual express authority, Revoked- Exception | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Actual express authority, Narrowly construed | show 🗑
|
||||
| show | Authority which principal gives agent through conduct or circumstances
🗑
|
||||
| show | Implied authority to do all tasks;
Necessary to accomplish an express task (i.e. close the deal, allows renting a conference room to do so)
🗑
|
||||
| show | Implied authority to do all tasks;
Customarily performed by persons with the agent's title or position (i.e. lawyer)
🗑
|
||||
| show | Implied authority to do all tasks;
Which agent reasonably believes to have been authorized from prior practice with, and acquiescence by, principal (i.e. history of acquiescence)
🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Apparent authority | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Ratification | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Types of authority: Ratification, Exception | show 🗑
|
||||
| Agency- Liability of Principal for Contracts Entered By Agents; Rules of liability on K: G/R | show 🗑
|
||||
| show | If principal is partially disclosed (only the identity of principal concealed) or undisclosed (fact of principal concealed), authorized agent may nonetheless be liable at the election of the third party
🗑
|
||||
| Duties Agent Owes To Principal- Reasonable compensation and reimbursement; Agents owes principals | show 🗑
|
||||
| Agency- Duties Agent Owes To Principal; Reasonable compensation and reimbursement: Agents owes principals, Duty of loyalty | show 🗑
|
||||
| show | No formalities to being a general partnership
🗑
|
||||
| Partnership- General partnership formation; Definition | show 🗑
|
||||
| show | Sharing of profits;
Partners contribute money or services for a share of profits, if any, the contribution of money or services in return for share of the profits, if any, creates a presumption that general partnership exists
🗑
|
||||
| show | Partners are agents of partnership for apparently carrying on usual partnership business;
General partnership is liable for each partner's torts in scope of partnership business and for each partner's authorized Ks
🗑
|
||||
| Partnership- Liabilities of general partners to third parties; Debts | show 🗑
|
||||
| Partnership- Liabilities of general partners to third parties; Debts: Incoming partner's liability for pre-existing debts | show 🗑
|
||||
| show | Partner retains liability until actual notice of dissociation is give to creditor, or until 90 days after filing "notice of dissociation" with state
🗑
|
||||
| show | One who represent to a third party that a general partnership exists will be liable as if a general partnership exists
🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; General partners are fiduciaries of each other and partnership | show 🗑
|
||||
| show | Partnership may now bring action to recoup losses, or to account for profits made by breaching partner (disgorge)
🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Partner's rights in partnership property and liquidity: Specific partnership assets | show 🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Partner's rights in partnership property and liquidity: Share of profits | show 🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Partner's rights in partnership property and liquidity: Share in management | show 🗑
|
||||
| show | In order to determine whether fact pattern involves property owned by partnership or personal property owned by an individual partner
🗑
|
||||
| show | Whose money was used to buy property, if partnership money was used, the property is partnership, if personal funds were used, it becomes personal property
🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Management | show 🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Salary | show 🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Salary: Exception | show 🗑
|
||||
| Partnership- Rights and liabilities b/w general partners; Partner's share of profits and losses | show 🗑
|
||||
| Partnership- General partnership dissolution; Key definitions: Dissolution | show 🗑
|
||||
| show | Termination
🗑
|
||||
| show | Remaining partners liquidate assets to satisfy creditors
🗑
|
||||
| show | The partnership and therefore its individual general partners retain liability on-
All transactions entered to wind up old business with existing creditors
🗑
|
||||
| Partnership- General partnership dissolution; Partnership's liability: New business | show 🗑
|
||||
| show | Each level satisfied before beginning next
🗑
|
||||
| Partnership- General partnership dissolution; Priority of distribution: Order of priority | show 🗑
|
||||
| show | 1. Trade creditors, suppliers, and
2. Partners who loaned money
🗑
|
||||
| Partnership- General partnership dissolution; Priority of distribution: Order of priority, Capital contributions | show 🗑
|
||||
| show | Any money remaining, shared equally in the absence of an agreement
🗑
|
||||
| show | Each partner must be repaid his/her loans and capital contributions, plus that partner's share of any profits, or minus that partner's share of any losses
🗑
|
||||
| Partnership- Alternative unincorporated business organizations; Limited partnerships | show 🗑
|
||||
| show | Limited liability forms must file "limited partnership certificate" that includes names of all general partners
🗑
|
||||
| show | General (substantial managerial) control, and general liability
🗑
|
||||
| Partnership- Alternative unincorporated business organizations; Limited partnerships: Liability and control, Limited partners (majority) | show 🗑
|
||||
| show | Limited partners may manage without forfeiting limited liability
🗑
|
||||
| Partnership- Alternative unincorporated business organizations; Registered limited liability partnership (RLLP): Formation | show 🗑
|
||||
| show | No partner is liable for partnership obligations, but they are liable for own wrongdoing, or wrongdoing of those under their direct supervision
🗑
|
||||
| show | A hybrid b/w corporation and partnership in which owners who are called members have limited liability and also benefits of partnership tax treatment
🗑
|
||||
| Partnership- Alternative unincorporated business organizations; Limited liability companies (LLC): Formation requirements | show 🗑
|
||||
| show | Owners (members) control, but may delegate to a team of managers
🗑
|
||||
| show | A full membership interest may not be transferred without unanimous consent of all members, or as provided in the operating agreement
🗑
|
||||
| show | The articles of organization or operating agreement must indicate events of dissolution
🗑
|
||||
| show | Limited liability + limited liquidity + limited life + Limited tax
🗑
|
Review the information in the table. When you are ready to quiz yourself you can hide individual columns or the entire table. Then you can click on the empty cells to reveal the answer. Try to recall what will be displayed before clicking the empty cell.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
To hide a column, click on the column name.
To hide the entire table, click on the "Hide All" button.
You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Created by:
dmoore147
Popular Law sets