This lesson integrates agency law and partnership law to develop an understanding of the authority partners possess to bind the partnership. The lesson explores the actual and apparent authority of partners and the possibility of inherent agency power in the partner context.
Read moreThis lesson introduces the student to agency relationships and explores the following questions: Why are agency relationships formed? Who are the parties to an agency relationship? What elements are required to form an agency relationship? and What are the consequences of forming an agency relationship?
Read moreThe classic rhetoric of Cardozo in Meinhard v. Salmon hides a delicate economic intuition justifying broad fiduciary obligations. This lesson parses closely the text of the dissent and the majority to recognize the idiosyncratic facts that make this a pivotal case. The focus is on the economic ramifications of Cardozo's choice.
Read moreThis lesson focuses on a tort relation, one where the agent harms the third party, giving the third party a tort claim. Our inquiry is on whether the third party can bring this claim against the principal and the related policy. The lesson is cognizant that this may be your first encounter with agency, a concept that serves as the foundation of business law. The lesson also includes problems that address Coasean irrelevance (which is often known as the "Coase Theorem").
Read moreThis lesson examines the process of incorporation by allowing students to explore some typical articles of incorporation by clicking on hot spots. The lesson provides a guided tour through the various provisions of the articles of incorporation. The lesson also looks at what happens when the incorporation process is not carried out correctly.
Read moreThis lesson examines the definition of a partnership. It highlights the definition of a partnership and how it differs from the sole proprietorship (the only other business organization that exists without first satisfying formal filing requirements).
Read moreThis lesson discusses the power that an agent (or apparent agent) has to affect the legal rights of the principal. In general, an agent or apparent agent may affect the principal's legal rights only to the extent that the agent possesses the authority or the power to do so. This lesson provides an introduction to the three basic types of authority -- actual authority, apparent authority, and inherent agency power.
Read moreThis lesson deals with the dissociation of partners under the Revised Uniform Partnership Act (RUPA). It discusses the events that result in dissociation under Section 601 of the RUPA, whether dissociation is wrongful or not, and touches on the consequences of wrongful dissociation.
Read moreThis lesson examines the creation of the employer/employee relationship (formerly master/servant relationship) in agency law and contrasts that relationship with the status of independent contractor. The lesson provides an opportunity to think about why the distinction is important and how to tell whether a given relationship rises to the level of being an employer/employee relationship or is merely an independent contractor relationship.
Read moreThis lesson provides an introduction to voting trusts and voting agreements -- what they are, how they work, and why you might choose one over the other.
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