AGENCY LAW: PARTNERSHIPS
Through a partnership: a VOLUNTARY association of 2 or more people for
the purpose of conducting a business for a PROFIT. (like a contract)
Nonprofit companies are NOT partnerships
Partnerships are like marriages
Bus 410: Outline for the First Exam
Introduction to Law:
Law: consists of enforceable rules governing relationships among individuals and between individuals and
Rights, duties, and privileges consistent with the values and beliefs of a soc
1) If someone becomes insolvent / bankrupt you are protected
2) UCC Article 9 personal property and not real property
1) Who is the secured creditor?
2) Who is the debtor?
3) What is the collateral (can be consumer good, in
(a legally binding agreement between two or more parties who agree to perform or to refrain from
performing some act now or in the future)
What to do:
1) Decide what the contract is about
2) Decide if its UCC (came from legal realism) or comm
CLEAN WATER ACT
A. Target Certain Pollutants
Unlike air, pollutants dont dissipate in water including dirty,
thermal (heated) water.
WQS = Water Quality Standard. Determines how much
pollution can be in a segment of water.
B. Target Certain Areas
12-6-2000: Government Regulation of Private Property
Chapter 46: Environmental Law
Traditionally you could sue for trespassing.
Ex.) You buy a house in the winter and you cant smell anything. Then
comes spring you can smell
NONPOSSESSORY INTERESTS: interest that doesnt include rights of
Easementsright of a person to make limited use of another persons
real property without taking anything from the property. Ex. The right
to walk across your neighbors drivewa
12-4-2000: Common Law Regulation of Private Property
Chapter 48: Personal Property; focus on sections 1,2,3skip sections 4,5
Chapter 50: Real Property; Re-skim section 1; focus on adverse possession p.
Chapter 9: Intellectual Property
A. How to sue under TORT Theory:
Failure to warn, inadequate warning, failure to test
Theory is that stupid people dont deserve to die high school girls
are dumb so warnings are absolutely necessary on products for
people like them!
11-29-2000: Products Liability
Chapter 8: Products Liability (skip pages 136-7 on Fed. Preemption)
A. Warranty of Title
Arises in most sales contracts
The title is good-transfer of the title is rightfulnot stolen, etc.
Special Negligence Theories (maybe an essay?)
Res Ipsa Loquitur: the facts speak for themselves.
Applied when the event creating the damage or injury is one
that ordinarily does not occur in the absence of negligence.
Ex. You are in a hospital/operatin
Disparagement: When economically injurious falsehoods are made
not about another's reputation but about another's product or property.
Ex.) The Texas lawsuit against Oprah for disparagement because
she published something on public gr
SOURCE OF LAW: PARTNERSHIPS
Common law became codified at the STATE level.
1. General partnership vs. Special partnership: A special partnership is
when you form a partnership to do a special task.
Also called joint ventures.
Bus 410: Outline for the Second Exam
General Contract Law:
Promise: an assurance that one will or will not do something in the future
Contract: a set of promises for the breach of which the law gives a remedy, or the performance of which
the law in some w