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7 Cards in this Set
- Front
- Back
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Matters of procedure are governed by the forum’s SUPERB law
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S – Service of Process (CIDSMAIL)
U – Issues of Untimely Claims (SOL), but where the claim arose outside of NY, and the P is a non‐domiciliary, NY courts borrow the SOL of the state where the cause of action arose, if it’s shorter than NY’s SOL P – Rules of Pleadings E – Rules of Evidence R – Provisional Remedies (LIAR) B – Burdens of Proof |
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The court will look to SPEND to resolve a conflict of laws in a contract case
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S – The state where the Subject matter of the contract is located
P – The state where the contract is to be Performed E – The state where the contract was Executed N – The state where the contract was Negotiated D – The Domiciles of the contracting parties |
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An agent is personally liable if she TOUTS her activity
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T – The agent commits Tortious conduct, in which case the agent is personally liable for
those harmed O – The agent acted Outside her authority, or she acted without any authority, giving rise to a cause of action for breach of the implied‐in‐law warranty of authority U – The agent acted on behalf of an unnamed or Undisclosed principal T – The agent served Two principals without full disclosure to each principal and without obtaining their informed consent S – Self‐dealing by the agent with the principal’s business opportunities |
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A BID can terminate an agency relationship
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A – An Act of the agent or principal unilaterally terminating the agency contract
B – Bankruptcy of the principal I – Incompetency of the principal, unless the principal signed NY’s “Durable Power of Attorney” D – Death |
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She DRAWS profits, but she’s not a partner
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D – Payment of a Debt
R – Payment of Rent A – Payment of an Annuity to a Partner’s SS W – Wages S – Sale of the good will of a business |
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Every partner has PMS
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P – The right to use partnership Property
M – The right to participate in Management of the partnership S – The right to Share in partnership profits |
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The Court will dissolve a CLUB J partnership
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C – One partner can’t Carry on her share of the work
L – The partnership can only be carried on at a Loss U – One partner is of Unsound mind B – One partner Persistently breaches the partnership agreement J – On other grounds that the court finds Just and equitable |
