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The Oxford Handbook of Law and Economics applies the theoretical and empirical methods of economics to the study of law. Volume 2 surveys Private and Commercial Law.
The topics covered in Agency & Paternership are rights and liabilities between principal and agent (including agent's fiduciary duty, principal's right to indemnification), contractual rights between principal and third persons (including creation of agency relationship, authority of agent, scope of authority, termination of authority, ratification, liability on agents contracts), and tort liability (including respondeat superior, master-servant relationship, scope of employment). Also included are property rights of partner, formation of partnership, relations between partners (including fiduciary duty), authority of partner to bind partnership, dissolution and winding up of partnership, and limited partnerships.
Rights and Duties Between Principal and Agent, Partners, and Members of an LLC; Vicarious Tort Liability; Express, Implied and Apparent Authority; Inherent Agency Power; Undisclosed Principal; Ratification; Notice, Notification, Imputed Knowledge; Termination of Authority; Partnership Formation, Operation and Termination; Fiduciary Duties Among Partners; Right to an Accounting; Creditors' Rights Against Partners and the Partnership; Dissociation and Dissolution; Winding-Up; Liquidation. Limited Partnership and the LLC: Creation, Operation and Dissolution.
Important features of Business Associations, Fourth Edition, include: * Complete & developed materials on agency & partnership reflecting the authors' view that a good background in agency & partnership principles is important for its own sake, & for the study of corporate law * Problems helpful in illustrating material * Attention to the lawyer as planner, as opposed to litigator or critic.
Explains basics essential of agency and partnership law, including recent developments. The Revised Uniform Partnership Act (RUPA) has been adopted by about half of the states, and other developments, such as the Limited Liability Partnership (LLP), have significantly changed partnership law and are reviewed in this work. New entities such as the Limited Liability Limited Partnership (LLLP) and the Limited Liability Company (LLC) have also arisen in the last decade. Basic agency concepts have been persuasive in shaping the development of statutory liabilities, especially in the area of sexual harassment, and the influence of agency law will only increase in the coming years, as work proceeds on the Restatement (Third) of Agency.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Strengthen programs of family and community engagement to promote equity and increase student success! When schools, families, and communities collaborate and share responsibility for students′ education, more students succeed in school. Based on 30 years of research and fieldwork, the fourth edition of the bestseller School, Family, and Community Partnerships: Your Handbook for Action, presents tools and guidelines to help develop more effective and more equitable programs of family and community engagement. Written by a team of well-known experts, it provides a theory and framework of six types of involvement for action; up-to-date research on school, family, and community collaboration; and new materials for professional development and on-going technical assistance. Readers also will find: Examples of best practices on the six types of involvement from preschools, and elementary, middle, and high schools Checklists, templates, and evaluations to plan goal-linked partnership programs and assess progress CD-ROM with slides and notes for two presentations: A new awareness session to orient colleagues on the major components of a research-based partnership program, and a full One-Day Team Training Workshop to prepare school teams to develop their partnership programs. As a foundational text, this handbook demonstrates a proven approach to implement and sustain inclusive, goal-linked programs of partnership. It shows how a good partnership program is an essential component of good school organization and school improvement for student success. This book will help every district and all schools strengthen and continually improve their programs of family and community engagement.
This short, self-teaching paperback is a superb way to give your students substantive foundation covering all agency and partnership issues. Use it to efficiently manage class time in your Corporations, Business Associations, or Agency and Partnership courses by allowing students to learn key concepts on their own. As part of the Little, Brown Examples and Explanations Series, AGENCY AND PARTNERSHIP: Examples and Explanations combines clear, accessible text with analytical problems and explanations to allow students to test their understanding of the material. The author devotes the first six chapters to coverage of agency And The latter five to partnership. Each chapter progresses from simple to more detailed problem to reinforce learning and give students practice with more complex issues. Other helpful features include: -diagrams that enhance textual discussion -thumbnail lists of key issues regarding RUPA -clear readable format Whether you teach a combination course or a separate Agency and partnership course, give your students a solid background in this important are. Assign or recommend AGENCY AND PARTNERSHIP:Examples and Explanations! Table of Contents Preface Introduction Special Notice PART ONE: AGENCY 1: Introductory Concepts in the Law of Agency 1.1 the Agency Relationship Defined and Exemplified; Its Players Identified 1.2 Creation of the Agency Relationship 1.3 the Relationship of Agency and Contract 1.4 Major Issues in the Law of Agency 2: Binding Principals to Third Parties in Contract and Through Communications 2.1 'Binding the Principal' 2.2 Actual Authority 2.3 Apparent Authority 2.4 Estoppel 2.5 Inherent Agency Power 2.6 Ratification 2.7 Chains of Authority 3: Binding the Principal in Tort 3.1 Overview 3.2 Respondeat Superior 3.3 Liability for Physical Harm Beyond Respondeat Superior 3.4 Torts Not Involving Physical Harm 3.5 Attributing Torts in Complex or Multilevel Relationships 4: Duties and Obligations of Agents and Principals to Each Other and to Third Parties 4.1 Duties and Obligations of the Agent To The Principal 4.2 Duties and Obligations of the Agent to Third Parties 4.3 Duties and Obligations of the Principal To The Agent 4.4 Duties and Obligations of the Principal to Third Parties 5: Termination of the Agency Relationship 5.1 Ending the Agency Relationship 5.2 Power Versus Right in Termination 5.3 Effects of Termination 6: Distinguishing Agency from Other Relationships 6.1 Agency and Other Beneficial Relationships 6.2 Ersatz Agency 6.3 Constructive Agency PART TWO: PARTNERSHIPS 7: Introductory Concepts in the Law of General Partnerships 7.1 the Role and Structure of the Uniform Partnership Act 7.2 Partnership Described 7.3 the Hallmark Consequence of Partnership: Partners' Personal Liability For The Partnership's Debts 7.4 Contesting and Establishing the Existence of a Partnership 7.5 Partnership by Estoppel RUPA Highlights 8: Financial Aspects of a Partnership (Creation and Operation) 8.1 the Practical Background 8.2 the Partner's Basic Return 8.3 Rules for Sharing Profits and Losses 8.4 A Partner's Right to Indemnity 8.5 Remuneration for Labor Provided by Partners To The Partnership 8.6 Remuneration for Capital Provided by Partners To The Partnership 8.7 Special Problems with K-and-L Partnerships 8.8 Property Interests in Partnership Law RUPA Highlights 9: Management Issues and Fiduciary Duties 9.1 the Panoply of Management Rights 9.2 the Right to Know 9.3 the Right to Be Involved in the Business 9.4 the Right to Bind the Partnership 9.5 the Right to Participate in Decision Making and to Veto Some Decisions 9.6 Agreements That Change Management Rights 9.7 Management Duties 9.8 Partner's Fiduciary Du