Agency, Partnerships and Limited Liability Companies
In addition to its coverage of agency and partnership, the new edition of Agency and Partnership Law adds coverage of limited liability partnerships and limited liability companies. Because the authors feel that agency law is the foundation on which the law of business firms is built, the second edition retains substantial treatment of both the contract and tort aspects of agency law. It integrates problems into the text to facilitate teaching by the problem method and introduces a transactional perspective by using problems that ask students to structure transactions so as to achieve client goals while addressing the concerns raised in the materials. The new edition also continues to cover the various unincorporated firms by comparing and contrasting their functional characteristics.Although the authors retain many of the standard teaching cases, most of these cases are covered via case digests that appear in the notes following the principal cases. The cases presented not only emphasize the continuing relevance of agency and partnership, but also highlight the actual and legal contexts in which agency and partnership issues arise. The book contains extensive textual notes and case digests. The primary focus will be on planning and structuring unincorporated businesses.
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Contractual Dealings by Agents
Agents Implied Warranty of Authority
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action affirmative agency relationship agent agreed alleged apparent authority apply behalf breach charging order claim client common law conclude conduct consent contract contributions corporation court of appeals creditor damages decision defendant dissolution distribution district court doctrine employee entity estoppel evidence existence fact fiduciary duty filed H&R Block held hold hospital independent contractor inherently dangerous interest issue jury lease limited liability company limited partners limited partnership loan matter ment Mercury Marine negligence nership obligations operation partnership agreement partnership assets partnership business payment plaintiff power of attorney principal principal's profits provides purchase question reasonable received respondeat superior Restatement Second rule RULPA RUPA Schock scope of employment servant share ship statute summary judgment termination third party third person tion tort transaction trial court ULPA undisclosed principal Uniform Partnership Act UPA section vicarious liability