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PLS 50 CHAPTER 15
LAWS AFFECTING BUSINESS
17
Law
Undergraduate 1
12/16/2012

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Term
LIMITED PARTNERSHIP
Definition
A partnership of at least one general partner and one or more limited partners.  The limited partners' liability is limited to their investments so long as they do not participate in management decisions.
Term

UNIFORM PARTNERSHIP ACT

(UPA)

Definition
Known as a gap filler, the UPA comes into play only if terms are left out of a partnership agreement.
Term
Three-part test to see if a partnership exists
Definition

1.  common ownership

2.  a sharing of the profits and losses, AND

3.  a shared right to management.

Term
Partnership by estoppel
Definition
A partnership created by the words or actions of persons acting as though they were a partnership.
Term
Piercing the coprorate veil
Definition
When a court sets aside the unlimited liability protection normally given to corporate shareholders.
Term
Limited Liability Company
Definition
A new form of business ownership that gives small business the advantage of liability limited to the amount of the owner's investment along with single taxation.
Term
NEGOTIABLE INSTRUMENT
Definition
Commercial paper that can be transferred by indorsement or delivery
Term
ATTACHMENT
Definition
Gives the creditor rights against the debtor.  The creditor must possess the collateral or have a signed security agreement, have given something of value, and the debtor must have rights in the collateral.
Term
PERFECTION
Definition
Gives the creditor rights ahead of other creditors.  The creditor must first be attached and then possess the collateral, or file a financing statement, or give money to purchase consumer goods.
Term
AGENT
Definition
Someone who has the power to act in the place of another.
Term
Principal
Definition
A person who permists or directs another person to act on the principal's behalf.
Term
Fiduciary Duty
Definition
A legally imposed obligation to act in the best interests of the party to whom the duty is owed.
Term
RESPONDEAT SUPERIOR
Definition
The tort theory that an employer can be sued for the negligent acts of its employees
Term

BONA FIDE OCCUPATIONAL QUALIFICATION

BFQQ

Definition
A defense to an overt discrimination claim, alleging that the qualification is necessary to the essence ofthe business operation
Term
DISPARATE TREATMENT
Definition
The legal theory applied when a rejected applicant claims the reason for rejection was based on a discriminatory intent but the employer alleges a nondiscriminatory reason.
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