Author: Anonymous

Courts will not order disgorgement by an agent of profits earned on a tainted transaction if doing so will put the principal in a better position than if the agent had complied with her duties. 

Prompt for Questions 29-32. Heart, Moon, Star and Clover are partners in a 20-year term partnership. All are actively involved in the business. Ten years into the partnership, Heart serves notice that she is leaving the partnership. Learning of Heart’s departure, Clover has decided that she wishes to leave the partnership as well. Which of the following alternatives, if any, are available to Moon and Star?

Prompt for Questions 1-4. Bones is a veterinarian who occasionally uses United Express Corp. to deliver medicine to her customers.  During one such delivery the United Express truck, driven by Bevis, a full-time United Express employee, negligently struck and injured a pedestrian.  Assume United Express has an adequate safety record.

Moon and Star may recover damages from Clover. 

Personality, reasoning and judgment are associated with which lobe of the cerebral cortex?

Admitting Mr. Ed, a recently certified accountant, into the partnership. 

Can rely on courts to readily apply “gap-filler” doctrines of contract law such as the implied covenant of good faith and fair dealing, or evidence of course of dealing or trade usage. 

Bones, United Express and Bevis are all liable to the pedestrian. United Express must indemnify Bones and Bevis. 

A “freeze out” can occur due to the default rules of corporate law. 

A principal has a duty to confront her agent if she believes that her agent intends to breach the agent’s fiduciary duties to the principal.