Partnership Test

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A bilateral contract has how many promises?

2

The United States Constitution replaced what?

Articles of Confederation

Agency law is typically concerned with what legal issue?

Can the third party sue the principle, based on the actions of the agent?

What document creates the LLC?

Certificate of Organization

Which two substantive bodies of law did we discuss as impacting partnership law?

Contracts and agency law

Transferred intent is a concept that APPLIES / DOES NOT APPLY in negligence.

Does not apply

Which of the following statements is true?

Generally speaking, a act by a partner that is performed conducting business, binds the partnership.

Harry and Sally have no written contract regarding a business entity that they are operating together. Which of the following is a true statement?

Harry and Sally could potentially be operating a partnership.

A limited partnership is a type of partnership. A limited liability company is not a type of partnership.

One of the statements is false.

The general rule regarding when there is personal liability, strictly within the context of corporations, is known as what?

Piercing the corporate veil

When examining whether a partnership exists, the sharing of profits does what?

Raises a presumption of a partnership

Assume that you are a attorney who is trying to prove that a particular partnership exists. In other words, your goal is to show that, based on the evidence, a partnership existed. Which of the following pieces of evidence would benefit you the most?

Ron and Gina are sharing profits.

What were listed as two key pillars of constitutional law?

Separation of powers; federalism

In agency law, the principle is typically who?

The employer

The agency relationship is formed between who?

The principle and the agent

Every contract must have:

a valid offer

A LLC CAN / CANNOT own property.

can

A partnership can be formed for two people to run prostitution company.

false

In a partnership, a formal agreement is required.

false

In a partnership, a writing is required to form the partnership.

false

Revocation is the only way the power of acceptance can be terminated.

false

Specific intent is a concept found in tort law.

false

An invitation for a offer:

is NOT an offer

A corporation is considered a:

legal entity

What does LLC stand for?

limited liability company

If there was a valid offer, then ___

one party signaled that acceptance will conclude the deal

The general rule regarding past consideration is:

past consideration is no consideration

Limited Liability Companies are creatures of:

state law

In agency law, the principle is typically who?

the employer

A rejection means:

the power of acceptance is terminated

If there is no offer, then ____

there can be no acceptance

Negligence is a doctrine found in which body of law?

torts

A unilateral contract has one promise.

true

Generally, rejection is effective:

upon receipt

OFFER + ACCEPTANCE + CONSIDERATION =

valid contract


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