Unincorporated Business Associations Including Agency, Partnership and Limited Liability Companies: Cases and Materials,9780314252081

Unincorporated Business Associations Including Agency, Partnership and Limited Liability Companies: Cases and Materials

by ;
Edition: 2nd
ISBN13: 9780314252081
ISBN10: 0314252088
Format: Hardcover
Pub. Date: 2002-01-01
Publisher(s): West Group
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Summary

Designed for students not receiving an adequate foundation in fundamental concepts of agency via the "pervasive method" of teaching these concepts in contracts, torts, corporations, and other courses. Noteworthy features include special emphasis on the law of partnership and limited partnership, in recognition of the increasing significance of the partnership since passage of the Tax Reform Act of 1986; separate sections include dealing with partnership civil procedure and bankruptcy. Extensive discussion of significant changes made by the Revised Uniform Partnership Act, as amended in August 1993.

Table of Contents

Preface v
Table of Cases
xix
Introduction to Business Associations
1(5)
Agency: Definition and Basic Categories
6(75)
Agency: What Is an Agent?
6(26)
The Agent as a Fiduciary
32(27)
General Versus Special Agents
59(8)
Sub-Agents
67(14)
Vicarious Liability
81(95)
Introduction
81(2)
Employee Versus Independent Contractor
83(22)
Limitations on the Independent Contractor Exception
105(18)
Negligent Selection
105(3)
The Borrowed Servant Doctrine
108(8)
Non-delegable Duty
116(7)
Scope of Employment
123(26)
In General
124(5)
Intentional Torts
129(15)
Punitive Damages
144(4)
Miscellaneous
148(1)
Statutory Inroads on the Common Law Definition of Employee
149(27)
Bases of Authority
176(72)
Express Authority
176(5)
Implied Authority
181(7)
Apparent Authority and Estoppel
188(21)
Inherent Agency Power
209(18)
The Equal Dignity Rule
227(10)
Ratification and Adoption
237(11)
Termination of Agency and Notice
248(57)
Termination of Authority
248(25)
Irrevocable Agency
273(13)
Notice and Knowledge
286(19)
The Relationship Between Principal, Agent and Third Parties
305(65)
Duties of Agent to Principal
305(22)
Duty of Care
305(5)
Duty of Loyalty
310(17)
Duties of Principal to Agent
327(9)
Liability of Agent to Third Party
336(34)
The Partnership
370(76)
Definition of Partnership
370(34)
The Joint Venture
404(16)
The Uniform Partnership Act
420(3)
Entity Versus Aggregate Theories
423(4)
Partnership Civil Procedure
427(16)
Partnership Taxation
443(3)
Rights and Duties of Partners
446(124)
Relations Between Partners
446(38)
The Partner's Right to Indemnity
484(9)
The Partner as Fiduciary
493(20)
Relations of Partners to Third Parties
513(37)
Partnership Property
550(20)
Dissolution, Winding Up, and Termination
570(135)
In General
570(42)
Rights of Partners on Dissolution
612(25)
Continuation Agreements
637(5)
Post-Dissolution Problems
642(29)
Partnership Bankruptcy
671(34)
The Limited Partnership
705(81)
In General
705(14)
Limited Partnerships With Corporate General Partners: Tax and Non-tax Considerations
719(20)
Common Problems in Operation of the Limited Partnership
739(47)
Other Forms of Business Associations
786(117)
Business Trusts and Joint Stock Companies
786(14)
Professional Corporations and Professional Associations
800(9)
The Limited Liability Company
809(46)
The Franchised Business
855(11)
Unincorporated Nonprofit Associations
866(37)
Index 903

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