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Preface | |
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About the Author | |
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Table of Cases | |
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Introduction to Agency and Business Organizations | |
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Introduction | |
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Agency Concepts and Definitions | |
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Agent | |
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General Agent | |
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Special Agent | |
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Principal Master and Servant Independent Contractor | |
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Power of Attorney | |
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Agency Creation | |
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Elements of an Agency Relationship | |
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Consent of the Parties | |
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Capacity of the Parties to Act No Written Agreement | |
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Required No Exchange of Consideration | |
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Required Proper Purpose | |
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Creating the Agency Relationship | |
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Express Agreement Implied | |
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Agreement Conduct of the Principal/Agent Ratification Estoppel | |
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Agency Relationship | |
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Agent Authority | |
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Actual Authority | |
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Apparent Authority | |
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Inherent Agency Authority | |
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Agent+s Duties to the Principal Duty to Perform Reasonable | |
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Care Fiduciary | |
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Duty Remedies Available to Principal | |
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Principal+s Duties to the Agent | |
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Duty to Compensate | |
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Duty to Cooperate | |
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Duty of Care Indemnification | |
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Principal+S Liability To Third Parties | |
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Principal+s Liability under Contracts | |
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Liability of the Principal for Torts of the Agent | |
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Respondeat Superior Acts | |
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Intended by the Principal Negligence or Recklessness by the Principal | |
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Agent+S Liability To Third Parties | |
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Agent+s Liability to Third Parties under Contracts | |
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Agent+s Liability for Torts and Crimes | |
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Agency Termination | |
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Expiration of Agency | |
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Term Fulfillment of Agency Purpose | |
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Death or Incapacity of Principal or Agent | |
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Change in Circumstances+Impossibility of Performance | |
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Act or Agreement of the Parties Renunciation by Agent | |
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Revocation of Authority by Principal Termination of Apparent Authority | |
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Agency And Business Organizations | |
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Business Organizations as Entities Sole | |
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Proprietorships General Partnerships and Limited Liability Partnerships | |
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Limited Partnerships and Limited Liability | |
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Limited Partnerships | |
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Limited Liability Companies Corporations | |
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The Paralegal+S Role | |
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Resources | |
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Agency Treatises Online Resources on Agency Law Online Companion | |
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Summary | |
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Sole Proprietorships | |
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Introduction | |
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Sole Proprietorship Defined | |
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Sole Proprietorships In The United States | |
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Advantages Of Doing Business As A Sole Proprietor | |
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Full Management Authority | |
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Minimal Formalities and Regulatory and Reporting Requirements | |
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Low Cost of Organization | |
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Income Tax Benefits | |
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Ease of Discontinuing Business | |
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Disadvantages Of Doing Business As A Sole Proprietor | |
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Unlimited Liability Lack of Business | |
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Continuity No Diversity in Management Limited | |
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Ability to Attract Highly Qualified Employees | |
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Difficulty in Transferring Proprietary | |
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Interest Limited Ability to Raise Capital | |
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Operation Of The Sole Proprietorship | |
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Using an Assumed Name, Trade Name, or Fictitious Name | |
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Hiring Employees and Using Tax | |
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Identification Numbers | |
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Sales Tax Permits | |
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Licensing Registering | |
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Intellectual Property | |
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The Paralegal+S Role | |
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Resources | |
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United States | |
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Small Business Administration | |
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State and Local Government Offices | |
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State Statutes Secretaries of State and State Tax Information Internal Revenue Service | |
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U.S. Patent and Trademark Office | |
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Additional Online Information and Advice for Sole Proprietors and Small Business | |
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Owners Online Companion | |
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Summary | |
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General Partnerships | |
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Introduction | |
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An Introduction To General Partnerships | |
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Partnership Defined Partnerships in the United States Law Governi | |