100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Business Organizations Luppino Progress Tests 1 & 2 Questions With Correct Answers $11.49   Add to cart

Exam (elaborations)

Business Organizations Luppino Progress Tests 1 & 2 Questions With Correct Answers

 2 views  0 purchase
  • Module
  • Business Organizations Luppino Progress
  • Institution
  • Business Organizations Luppino Progress

Business Organizations Luppino Progress Tests 1 & 2 Questions With Correct Answers (T/F) The term "vicarious liability" means that a person is liable for damages caused by their own wrongdoing. - answerFalse (T/F) Under general principles of agency law, both the principal and the agent have the...

[Show more]

Preview 3 out of 20  pages

  • October 16, 2024
  • 20
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Business Organizations Luppino Progress
  • Business Organizations Luppino Progress
avatar-seller
sirjoel
©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM


Business Organizations Luppino Progress
Tests 1 & 2 Questions With Correct Answers


(T/F) The term "vicarious liability" means that a person is liable for damages caused by their

own wrongdoing. - answer✔False


(T/F) Under general principles of agency law, both the principal and the agent have the power to

unilaterally terminate the agency relationship. - answer✔True


(T/F) The most important factor in determining if an agent had apparent authority to bind the

principal to a particular contract with a third party is whether or not the agent expressly told the

third party that the agent had such authority. - answer✔False


(T/F) The determination of whether a worker hired by a principal is an "employee" or an

"independent contractor" of the principal is important with respect to liability, tax, and

employment law issues. - answer✔True


(T/F) By definition, a "partner by estoppel" is treated as a "partner in fact" for purposes of

determining the rights and obligations among partners. - answer✔False, (See RSMO 358.160)

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

(T/F) Under the Missouri partnership statutes a regular/general partnership is formed when a

certificate of partnership agreement is filed with the Missouri Secretary of State. - answer✔False,

No filing is required in Missouri

(T/F) Every partner in a Missouri limited liability limited partnership (LLLP) is by statute an

agent of the partnership for purposes of its business and affairs. - answer✔False, only general

partners but not limited partners

(T/F) In terms of apparent authority by statute, the situation of a member in in a member-

managed Missouri limited liability company (LLC) is essentially the same as that of a limited

partner in a Missouri limited partnership. - answer✔False, Members in a Missouri member-

managed LLC are by statute agents with apparent authority (RSMO 347.065), but limited

partners in a Missouri limited partnership are not by statute agents for the partnership under

RSMO Chapter 359.

(T/F) Under "default rules" in the Missouri partnership statutes, the partners in a limited liability

partnership (LLP) have equal rights to participate in the management and conduct of the

partnership's business. - answer✔True, (See RSMO 358.180)


(T/F) Cases studied so far in this course indicate that an agreement to share the burden of losses

from a business is a weighty factor in determining if there is general/regular partnership between

two persons under Missouri law. - answer✔True, See Hillme and H2O cases

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

(T/F) A Missouri limited liability company (LLC) must indicate in its articles of organization

whether it is member-managed or manager-managed. - answer✔True, (See RSMO 347.039)


(T/F) A Missouri general business corporation is formed by filing its articles of incorporation

with the Missouri Secretary of State. - answer✔True


(T/F) Under the Missouri LLC Act, the default rule is that members share cumulative net profits

equally. - answer✔True, (See RSMO 347.111)


(T/F) Using the "de jure corporation" standard as a bright line test to resolve a promoter liability

claim was rejected in the Robertson v. Levy (record store) case. - answer✔False, the court in that

case applauded and applied the "de jure" standard.

(T/F) The statutory liability shield for members in a Missouri limited liability partnership is lost

if the LLP's registration is not renewed annually. - answer✔True, (See RSMO 358.440)


(T/F) Veil piercing is unique to corporations and does not apply to any other types of business

organizations studied in this course. - answer✔False, we also discussed its application to LLCs


(T/F) In Kessler v. Antinora (joint venture to build and sell a house) the appellate court held that

the service partner (Antinora) was not personally liable to pay for a share of the venture's losses

because the partners had failed to reach an agreement on how to share partnership profits. -

answer✔False, While the court did conclude that Antinora was not personally liable to pay for a

share of those losses, it was because the court interpreted the overall agreement to provide that

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller sirjoel. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $11.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

75323 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
$11.49
  • (0)
  Add to cart