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BUSINESS ASSOCIATION - Coggle Diagram

- - - - SCOPE OF EMPLOYMENT ROA 219
        
        its similarity to acts which the servant is authorized to perform
        
        3) whether the act is commonly performed by servants
        
        the time, place and purpose of the act;
        
        4) the extent of departure from normal methods
        
        whether master can reasonabky expect these acts to be performed
    - - where person engages a contractor
      - conducts independent business by means of his own employees
      - to do work not itself a NUISANCE*
      - NOT LIABLE FOR ACTS OF CONTRACTOR EXCEPT!!!!!!....
        
        (c) nuisance per se
        
        not based on facts
        
        statutory automaticlaly
        
        (b) where engages an incompetent contractor
        
        (a) where the landowner retains control of the manner and means of the doing of the work which is the subject of the contract
  - - - relationship of trust
      - ROA
        
        Restatement (Third) of Agency § 8.02
        
        AGENT HAS A DUTY NOT TO ACQUIRE A MATERIAL BENEFIT FROM A 3RD PARTY IN CONNECTION WITH TRANSACTIONS CONDUCTED OR OTHER ACTIONS TAKEN ON BEHALF OF PRINCIPAL OR OTHERWISE THROUGH AGENTS OF AGENTS POSITION
        
        Restatement (Third) § 8.05
      - If employee or servant is using resources of the ,master to accomplish something they must be utilized on masters behalf if done otherwise this is a breach of loyalty
      - CASES
        
        regen
        
        RASH V JVC
        
        AGENT DUTY: Account for profits arising out of agency
        
        duty not to act on account of an adverse party without principals consent
        
        duty not to compete with the principal on his own account or for another in matters relating to subject matter of agency
        
        duty to deal fairly with principal in all transactions between them
- - - - martin v peyton
        
        RULE
      - southex
        
        5 exceptions to the profit
        
        GOODWILL
        
        WIDOW
        
        RENT
        
        WAGE
        
        RULE 202 UPA
    - - Meinhard v. Salmon
        
        owe finest loyalty
        
        RULE UPA 409
        
        there are no differences between joint venturer & partnership
      - sandvick case
        
        joint venturer differs in scope & duration
  - - - dissolution
      - partnership property
        
        a partnership can own property in its own name UPA #
        
        if there is a partnership some may own property for the partnership or have it under partnership name --> we therefore look towards the intent of the parties
        
        what happens to partnership property upon dissolution??
      - fiduciary duties
  - - - at least 1GP & 1 LP
      - GP
      - LP
        
        LPs have no right or power as an LP to bind the LP/ship
        
        CAN BE LIABLE ONLY VIA APPARENT AUTHORITY
        
        A person does not have the right to dissociate as an LP before the
        termination of the LP/ship