corporations_issue_checklist_abramowitcz

corporations_issue_checklist_abramowitcz - Agency...

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Agency relationship : Manif consent by P to A, that A (1) act on P’s behalf, (2) subject to P’s control. A’s consent to so act. Creditor/supplier P , (R2A §14O=creditor assumes de facto control) (§14K=supplier agrees to act primarily benefit P) Forms of authority for K – all act to bind P to K terms. o Actual (express, implied, incidental) o Apparent – Manif from P to 3P so that 3P has rxble belief that A has authority to enter trans. o Liability of A on K Gen. none if P disclosed. 2 except: agree to bind A, fraud etc. (Partially) undis. P = A pers. liable. Ratification/ Agency by estoppel Liability of P in tort – liable for servant’s torts in scope of employ, maybe agent-type IC, NOT for non-agent ICs. o Who is a servant? R2A §220 see factors o o Scope of employ. R2A §228 - kind A to perform, author time/space (no frolic), actuated part P (if force FOS) ___________________________________________________________________________________________________________ _ Partnership formation : Assoc. of 2 or more persons to carry on as co-owners a business for profit, shared: control, profits
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This note was uploaded on 04/07/2009 for the course LAW Corporatio taught by Professor Tsuk during the Spring '07 term at Yeshiva.

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corporations_issue_checklist_abramowitcz - Agency...

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