notes up to test2

notes up to test2 - For Test 2 Ps liability for As torts...

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For Test # 2: P’s liability for A’s torts P=UPS, Inc. A=Adam, the UPS driver What is Adam’s liability in each instance? Analysis Summary Is the principal liable for the agent’s torts? 1) What type of agent? a) If an IC? Yes b) If EE, see below 2) Did the EE comit the tort while acting w/I the course/scope of employment (respondeat superior)? a) Consider rules that help you determine this: a.i) Frolic or detour (not frolic AND detour) a.ii) Going/coming to work rule 3) Depends upon one word: AUTHORITY 4) Two types of authority. What are they? a) Actual Authority (two types) a.i) Express a.ii) Implied 9/29/11 **Partnership : 1. An association of two or more people 2. As co-owners 3. Carry on a business for profit 10/4/11 Analysis/application-Conclusion “In this case, the Employer is not liable because…” LP/LLP Limited Partnership (LP) Limited Liability partnership CHAPTER 9 Corporate attributes- Fully separate legal persons o Pays taxes o Liable for its own debt- Owners have limited liability for corporate debt o Perpetual Corporate Structure- Shareholders (owners) o Role? Responsibility? o How does this differ from the owners of a partnership? Case-
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Carpenter Paper vs. Lakin Meats Carpenter Paper may collect against shareholder Charles Lakin, personally, for the corporation’s debt Piercing the corporate veil- Purple box on p293 is not enough information for test. Grossly inadequate capitalization
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notes up to test2 - For Test 2 Ps liability for As torts...

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