Types of business and agency law

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1
What is a sole trader
One natural person trading on their own account
2
What type of liability does a sole trader have and why
A sole trader has unlimited liability, because they're personally responsible for all debts incurred.
3
What is the correct definition of a partnership?
Two or more persons in business in common with an aim of profit
4
What are the three types of partnerships?
Ordinary, LP, LLP
5
Where is the definition of an Ordinary partnership found?
Under section 1 of the 1980 Partnership Act.
6
What partnership type is a separate legal entity?
LLP
7
Are there formal legal requirements for a sole trader when starting/ending the business
No
8
What are 3 requirements that a sole trader must do?
1. Register for tax purposes as self-employed (if they make more than £1000 a year) 2. The person must keep up-to-date accounting records. 3. Must register the business name if your own name is not being used.
9
Can a sole trader hire employees/contractors?
Yes
10
What happens to the sole trader's business if they become insolvent?
The sole trader is declared bankrupt under the Insolvency Act 1986.
11
Does there have to be a partnership agreement for an ordinary partnership?
No, although there normally is one
12
How is an ordinary partnership's identity viewed in the eyes of the law?
An ordinary partnership has no legal identity, as it is seen as a collection of individuals, not a distinct entity.
13
What does section 5 of the 1890 Partnership Act declare?
- Every partner is an agent of the firm. - The firm is bound by anything a partner is expressly authorised to do. - Partners can act within the scope of their usual authority.
14
What does it mean to be an agent
An agent is a person whose acts are treated in law as the acts of another person
15
What does section 12 of the Partnership Act declare?
every partner is jointly liable for the obligations and debts of the firm, new partners are not liable for things done before they joined, old partners remain liable for debts incurred before leaving.
16
What are 3 different ways a partnership can be dissolved?
By agreement or notice, automatically, or by the court
17
What act governs Limited partnerships?
1907 Limited Partnerships Act
18
What are the 3 main requirements for an LP?
They must be registered at Companies House, there must be at least one partner with unlimited liability, and the limited partner(s) cannot take part in the running of the business.
19
How does liability work in an LP?
Partners are limited to the extent of their capital contribution, and these must be disclosed to Companies House.
20
Do LPs have separate legal personality?
No they do not.
21
Why would someone pick an LP?
To maximise security and to exercise limited liability.
22
What act governs LLPs?
LLP Act 2000
23
Does an LLP have a separate legal personality?
Yes
24
How does liability work in an LLP?
Partners are responsible for their investments only.
25
Who uses LLPs?
Professionals such as: Accountants, Lawyers, and doctors.
26
What is the relationship between a principal and an agent?
The agent acts on behalf of the principal, and has authority to make agreements which are binding on P.
27
List the 5 main types of agents
Commercial agent, factor/mercantile, special agent, general agent, partner agent
28
What can a factor/mercantile agent do?
Has p's authority to take possession of P's property in order to sell it
29
List 5 ways an agency relationship can be created
Express or implied, by estoppel, by necessity, by ratification.
30
What is agency by estoppel?
An unauthorised agent is given apparent authority when a principal's own conduct leads a third party to reasonably believe that the agent has authoirty.
31
What is agency by necessity?
When an emergency forces A to act for P's benefit, even though there was no prior consent or agreement. A cannot get in contact with P, and so acts in a reasonable manner.
32
What is the example case for agency by necessity?
Great Northern Railway v Swaffield. Swaffield sent his horse by rail, and no one collected it. GNR then stabled the horse and sued for the charges. GNR won; they had to take reasonable care of the horse.
33
What is agency by ratification?
A principal retroactively approves an action undertaken on their behalf by an agent who lacked proper authority.
34
Does ratification validate future acts?
No
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