Blaw 3310 dowdy final review

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petition

A formal message requesting something that is submitted to an authority

Chapter 7 Bankruptcy

Chapter of the Bankruptcy Code providing for liquidation of the debtor's assets in order to repay the creditors; certain assets or aggregate value of assets of the debtor may be exempt based on state law.

If a minor enters into a contract in Texas,

The adult has not choice

Commerace Clause

The clause in the Constitution (Article 1, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

if Chapter S wants to accept foreign investment

The will have to reorganize into a C corp. they will lose the passthrough immunity. if they want to keep S chapter, the will have to become a limited liability corp.

tangible good

a computer. NOT a patent or copywrite

limited partnership

a general partners liability exposure is the same as a partner in an ordinary partnership

the appointment of an agent by principal gives the agent authority to

bind the principal contractually

debtor in position

chapter 11 and 13, debtor who continues to operate and remains in possession of assets that would be liquidated under chapter 7

limited liability

company profits and losses pass through the members

recordation of real estate is

constructive notice, not actual

partnership

investors are personally liable for debt. you can also sue one investor instead of having to sue the entire partnership

punitive damages are recoverable in cases

involving intentional tort

a corporation

is a separate entity

limited liability

is a separate entity for all purposes an dis not similar to an S corp nor treated as a partnership under any circumstance.

damages recoverable for the tort of defamation

is an intentional tort: actual and punitive damages

aa contract for the sale of goods

is governed by article 2 of the uniform commercial code and will occasionally involve a rule of law which departs from common law contract law

partnership

is not a separate entity

an employment contract that calls for an employment for 5 years

is void

Exempt assets

Assets which are exempt from creditors' claims, such as secured assets the value of which does not exceed the amount of debt secured by them.

respondent superior doctrine

If an agent hurts someone in the course and scope of doing their job, both the principal and agent have liability for it

Vicarious Liability

Legal responsibility placed on one person for the acts of another.

a creditor woh holds a promissory note secured by a lien on real estate is

a secured creditor

parole evidence is admissible to show

a subsequent integrated mutually agreed or modified contract

discharge

all debts that can be eliminated by the bankruptcy court are eliminated or reorganized plan is complete

antitrust violation

all that is shown is that it has an affect on commerce clause

most employments

are at will

consumer protection statues

are found in both at the state an federal law

gender, race, and age employment decisions

are not always illegal

money damages

are not automatic and must be proved by a preponderance of the evidence, just because there is a tort doesnt mean there are damages. even in breach of contract

limited liability

are separate entities

layla is an agent for arian and beth and enters a contract for arian

arian and beth are the contractually binded parties

constitutional bases for securities reg statues

article 1 commerce clause

fraud is a

contract related tort

chapter 11 bankruptcy

creditor wants protection

debtors prison

debtors were locked up in jail until someone could bail them out has been eliminated

a deed to real estate must be acknowledged before a notary republic

does not have to, to transfer title, you need constructive notice

negligence in the course and scope of employment will result in vicarious liability

employee

which does not violate the parole evidence rule

extrinsic evidence of a prior or comptemporaneous oral agreement while altering a provision in an integrated contract

Chapter S

gets passthrough treatment for tax purposes. no more than 100 chair holders have to be a us citizen must have a specific type of trust

copywrite

giving inventor life term monopoly

patent

giving inventor limited time

when a plaintiff can seek equitable remedy

he must first prove that the remedy at law is inadequate

Chapter 13 Bankruptcy

permits debtors with regular incomes to pay all or a portion of their debts under the protection and supervision of the court

Partnership law is an extension

principal agent law

corp is NOT an extension of

principal agent law

Automatic Stay

prohibits creditors from collecting debts that the bankrupt incurred before the petition was filed

Chapter 11 Bankruptcy

protects an insolvent firm from creditors during a period of reorganization to restore profitability

employer / employee

respondent superior does

employer/ independent contractor

respondent superior does not apply

car sales man lies about car being in flood

she can make a case from constructive fraud

consumer protection is

statue, common law, state and federal. mostly in legislation

if a party fails to perform an absolute duty owed under contract

that party has breached the contract

limited contract is not created by contract only

the contract requires approval

in a voluntary chapter 13 bankruptcy case

the debt is asking for wage earners plan

Bankruptcy

the legal proceeding by which a bankrupt person's assets are distributed among those to whom he or she owes debts

title to land is transferred at

the time the seller signs and delivers a deed to the buyer

it is NOT possible for a principal

to be held liable on a contract based under respondent superior

tort of strict liability has been expanded

to defective products

punitive damages

tort damages

S corp, partnership, and limited liability ALL

treat income and expense as being passed through to the partners shareholders or member as the case. they do not pay tax

breach of contract

will not always include a tort


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