Case Brief: Zuckerman v. Antenucci Sophia Haberman LAW/531 December 01‚ 2010 Dr. Maurice Rosano Case Study: Zuckerman v. Antenucci Partnership liability tort can take place when a partner or all partners acting on partnership business causes injury to a third person. Cause of this tort could be a negligent act‚ a breach of trust‚ breach of fiduciary duty‚ defamation‚ fraud‚ or another intentional tort (Cheeseman‚ 2010‚ p. 538). Under the Uniform Partnership Act‚ partners are jointly
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Week 7 Learning Activity 1. Was the relationship among Grace and her sons a partnership for a term or a partnership at will? Grace Tengalhat and her sons‚ Manny and Jason verbally agreed to share the business for five years. “Partnership for a term is a partnership that exists for a specified duration or until a specified event occurs‚” (uslegal.com)‚ since they agreed for five years‚ this is a partnership for term. A partnership at will is when a partnership is made with no fixed term. 2. Did
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Sec. 16. Delivery; when effectual; when presumed. - Every contract on a negotiable instrument is incomplete and revocable until delivery of the instrument for the purpose of giving effect thereto. As between immediate parties and as regards a remote party other than a holder in due course‚ the delivery‚ in order to be effectual‚ must be made either by or under the authority of the party making‚ drawing‚ accepting‚ or indorsing‚ as the case may be; and‚ in such case‚ the delivery may be shown to have
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FOOT’S SPAA Project Summary A .Product Description: Foot’s paa specialized in providing services on foot. The service includes pedicure‚ foot spa and foot massage that aims to create remarkable changes not just on the appearance (pedicure) but on feelings as well. B. Demand Description: Because of too much used of our feet‚ they got sore and tired. And because of that people are looking and willing to find a way to pamper them that creates a large demand for the services on foot.
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02. In short‚ it is a case of the petitioners that the deceased Shamrao s/o Rangnath Randive was husband of petitioner no. 01 and father of petitioner nos. 02 & 03. The deceased Shamrao was working as labour with the respondents for digging the well in the agriculture land of respondent no.01. Respondent no.01 had given contract of said work to respondent no.02. On 10/02/2012‚ at about 4.00 to 4.15 p.m.‚ the deceased Shamrao and other labours were working inside the well and respondent no. 02
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according to an agreement. 2.2 Reasons for forming partnerships o To increase the amount of capital in the business o To eliminate competition o To bring capital and technical expertise together. 2.3 Legal position of a partner Partners are joint bearers of the rights of the partnership and are jointly and severally liable for the obligations and debts of the partnership. In South Africa there is no specific legislation which pertains to partnerships. The operations of partnerships are
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This case comes under Law of Agency. Agency Law is concerned with any “principal‚ agent and third party” relationship; a relationship in which one person has legal authority to act for another. Agency involves three parties : • Principal – Mr. Smithfield • Agent – U.K. Rail • Third Party – Pig resort/Care Centre Agency relationship may arise in five ways and one them which arise in this case is “Agency Of Necessity” and the requirements are : • Genuine necessity – there was a delay in delivering
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G.R. No. L-11840 December 10‚ 1963 ANTONIO C. GOQUIOLAY‚ ET AL.‚ plaintiffs-appellants‚ vs. WASHINGTON Z. SYCIP‚ ET AL.‚ defendants-appellees. Facts: On May 29‚ 1940‚ Tan Sin An and Antonio C. Goquiolay formed a commercial partnership in Davao‚ having capital contribution of 40% and 60%‚ respectively. The business of the partnership is to engage in the buying‚ resale and lease of real estates for subdivision. Among the conditions agreed upon in the partnership agreement that are material
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Morning Session F. Tort Liability of Healthcare Institutions and Managed Care -Liability for Employees and Non-Employees -Vicarious Liability (pages 418-431): -Agency Law and the Test of “Control”: A. Defining “Employee” in the Hospital Setting -Hospital vicariously liable for acts of employees such as nurses‚ technicians‚ clerks‚ custodians‚ cooks‚ etc. -However‚ physicians are often independent contractors using hospital facilities via staff privileges. So‚ liability of hospitals for physician
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Occupiers Liability for Dangerous Premises Occupiers’ liability is a field of tort law‚ codified in statute‚ which concerns the duty of care that those who occupy (through ownership or lease) real property owe to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises. By the expression “Premises” in the context of this topic is meant‚ not only‚ land and buildings but also vehicles‚ railway carriages‚ scaffolding
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