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16 Cards in this Set
- Front
- Back
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PLAN |
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1. Sole Trader |
Advantages and Disadvantages |
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2. Business Names |
Wagamama's |
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3. The Partnership |
s1(1) Partnership Act 1890 person, business, profit |
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4. Forming the GP |
s24 - default provisions
s2 - sharing profits = partnership |
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5. Legal Nature |
s5 - each partner agent for firm's business |
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6. Agency Law |
s9 - partners joint and severably liable |
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7. Actual Authority |
P gives actual authority to A Private dealings. Hard for TP to prove |
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8. Apparent Authority |
Basically estopel External appearance to TP |
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9. Case Law |
Mercantile Credit v. Garrod - apparently authority. Sold care = YES Coughland - solicitor promoting fraudulent business = NO |
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10. Ratification |
P can ratify contracts - otherwise no enforcement |
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11. Liability for Tort |
Dubai Aluminium - can be liable in tort and equity |
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12. Proposals for Reform |
Joint Report on Partnerships, LC 2003 - Seperate - Floating charges - Impact of LLPs? |
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13. Limited Partnership |
Limited Partnership Act 1907 Some reforms Sleeping partners can limit liability Not popular |
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14. LLP |
Limited Liability Partnership Act 2000 After lobbying from professional firms re: prof. negligence |
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15. Talking Points |
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