LB 185 Final

subject Type Homework Help
subject Pages 3
subject Words 258
subject Authors Barry S. Roberts, Richard A. Mann

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A corporation may purchase its own shares only out of earned surplus unless the articles
of incorporation or the shareholders permit purchase out of capital surplus.
Misuse or abuse of the product is a defense to an action brought under 402A of the
Restatement (Second) of Torts.
Under the Due Process Clause, entitlements conferred by the government, such as
social security payments, are property, which cannot be revoked without procedural due
process.
A statute may preclude judicial review of an agency action.
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Corporations may be held criminally liable.
The FTC Act contains very specific definitions of the terms "unfair" and "deceptive."
A promoter is a person who takes the preliminary steps to organize a corporation.
Foreign limited partnerships do not have to operate in another country to be identified
as "foreign."
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Martin agrees to perform an audit within thirty days, knowing that time is of the
essence. After the 30 days, Martin has only performed 60 percent of the audit. Martin
has materially breached his contract.
Under the RUPA, a partner violates the duty of loyalty if the conduct furthers the
partner's own interest.

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