Created by gerard fauria
over 5 years ago
|
||
Question | Answer |
What is a partnership at will? | A partnership where no express agreement has been made concerning the duration/termination OR a partnership for a fixed term that is continued without new agreement made. |
When do we talk about implied authority? | P appoints A to an office-> usual authority of that office. |
Explain Mercantil Credit Co Ltd v Garrod | Partnership agreement prohibited P from selling cars - he does it. No actual authority, but he had apparent authority. Partnership is liable. |
When will limited partners start having limited liability in a LP? | When the certificate of registration is issued (partnership registered through delivery of statement of particulars to Registrar of Companies). |
What are designated members in a LLP? | Members who are notified to Companies House and have statutory obligations (filling accounts and administrative matters). There must be min. 2 in a LLP. |
Explain Macaura v Northern Assurance | M sold timber to his company. Timber burned. M had taken policies in his own name to protect it. But he no longer owned timber (now owned by company)-> no insurable interest. |
Name the 4 alternative legal basis for disregarding the corporate veil | Agency, trust, guarantee, and vicarious liability in tort |
When is the evasion principle applied? | -Wrongdoer has control of company -No innocent 3rd party interests in company -Wrongdoer using company to evade pre-existing or independent liabilities -C has no other remedy |
Want to create your own Flashcards for free with GoConqr? Learn more.