Review Test 1
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This 3 page Study Guide was uploaded by Emma betito on Sunday November 22, 2015. The Study Guide belongs to BSL 304 at University of Miami taught by Professor Karen Turner in Summer 2015. Since its upload, it has received 57 views. For similar materials see Corporate Law in General at University of Miami.
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Date Created: 11/22/15
Review Test 1 Tort Law 0 Economic loss 0 Punitive damages 0 Physical damages 0 Emotional distress 1 Intentional tort a Harm to person i Assault ii Battery unwanted touching without consent iii False imprisonment b Harm to dignity i Defamation ii Falsity iii Harm iv Level of intent 1 Public figures a Knew the information was false 2 Everyone else a Negligence c Harm to economic interest i Interference with contractual relations 1 Enforceable contract 2 Third party was aware of the contract 3 Defendant intentionally induced breech 2 Negligence a Duty of care b Breach of duty i failure to act reasonably c Causation i Actual quotbut for AND i ProximatequotForeseeabilityquot d Injury i Physical i Emotional only if there is touching iii Economic 3 Strict liability Liability without fault a Abnormally dangerous activities i High degree of risk ii Harm would be great iii No way to eliminate the risk iv Appropriate location v Common usage vi Public policy benefit to society Chapter 28 1 Independent contractor v employee a Who provides supplies How paid Right to control manner Does agent work for other principals Can agent hire and fire people to help them Is it distinct occupation Can the agent refuse Degree of skills 2 Actual vs Apparent agency a Actual Principal gives agent specific power b Apparent agent can act on its own behalf i Principal intentionally or carelessly cause 3rel party to believe that apparent agent had authority to act on principals behalf ii Principal is aware of third party belief iii 3rel party suffers 3 Power of Attorney a Terminates when principal dies but not when incapacitated 4 Agent s duties a Fiduciary duties i Best interest ii Can t usurp iii No undisclosed selfdealing iv Can t compete during v Can t disclose 1 Only if there are policies that make it confidential b Duty of obedience 1 Agents have to following instructions and acting inside of scope of agency c Duty of Accountability i Agents have to keep track of accurate records and give everything that they receive to the principal d Duty to Inform i Agents have to inform principal with any important information 5 Principal s duties a Duty to compensate i Must pay amount agreed to on contract ii Customary fee 5 realtor b Duty of reimbursement anrhrbslog i If agent was acting correctly principal must reimburse c Duty of Indemnification i If agent is employee principal owes him employer duties Chapter 29 1 Actual authority a Express authority b Implied authority 2 Apparent authority a Agent does not have authority but principal creates impression to third party that he does 3 Fully disclosed v partially disclosed v undisclosed a FD third party is aware that agent can act on behalf of principal i Principal is liable b PD third party is aware that agent can act on behalf of principal but they do not know principal i Agent is liable but agent can sue principal for indemnification c UD third party is aware that agent can act on behalf of principal but there is no principal
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