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Business Organizations Luppino Progress Tests 1 & 2 Questions With Correct Answers

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Business Organizations Luppino Progress Tests 1 & 2 Questions With Correct Answers (T/F) The term "vicarious liability" means that a person is liable for damages caused by their own wrongdoing. - answerFalse (T/F) Under general principles of agency law, both the principal and the agent have the...

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  • October 16, 2024
  • 20
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Business Organizations Luppino Progress
  • Business Organizations Luppino Progress
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©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM


Business Organizations Luppino Progress
Tests 1 & 2 Questions With Correct Answers


(T/F) The term "vicarious liability" means that a person is liable for damages caused by their

own wrongdoing. - answer✔False


(T/F) Under general principles of agency law, both the principal and the agent have the power to

unilaterally terminate the agency relationship. - answer✔True


(T/F) The most important factor in determining if an agent had apparent authority to bind the

principal to a particular contract with a third party is whether or not the agent expressly told the

third party that the agent had such authority. - answer✔False


(T/F) The determination of whether a worker hired by a principal is an "employee" or an

"independent contractor" of the principal is important with respect to liability, tax, and

employment law issues. - answer✔True


(T/F) By definition, a "partner by estoppel" is treated as a "partner in fact" for purposes of

determining the rights and obligations among partners. - answer✔False, (See RSMO 358.160)

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

(T/F) Under the Missouri partnership statutes a regular/general partnership is formed when a

certificate of partnership agreement is filed with the Missouri Secretary of State. - answer✔False,

No filing is required in Missouri

(T/F) Every partner in a Missouri limited liability limited partnership (LLLP) is by statute an

agent of the partnership for purposes of its business and affairs. - answer✔False, only general

partners but not limited partners

(T/F) In terms of apparent authority by statute, the situation of a member in in a member-

managed Missouri limited liability company (LLC) is essentially the same as that of a limited

partner in a Missouri limited partnership. - answer✔False, Members in a Missouri member-

managed LLC are by statute agents with apparent authority (RSMO 347.065), but limited

partners in a Missouri limited partnership are not by statute agents for the partnership under

RSMO Chapter 359.

(T/F) Under "default rules" in the Missouri partnership statutes, the partners in a limited liability

partnership (LLP) have equal rights to participate in the management and conduct of the

partnership's business. - answer✔True, (See RSMO 358.180)


(T/F) Cases studied so far in this course indicate that an agreement to share the burden of losses

from a business is a weighty factor in determining if there is general/regular partnership between

two persons under Missouri law. - answer✔True, See Hillme and H2O cases

, ©SIRJOEL EXAM SOLUTIONS
10/3/2024 9:54 PM

(T/F) A Missouri limited liability company (LLC) must indicate in its articles of organization

whether it is member-managed or manager-managed. - answer✔True, (See RSMO 347.039)


(T/F) A Missouri general business corporation is formed by filing its articles of incorporation

with the Missouri Secretary of State. - answer✔True


(T/F) Under the Missouri LLC Act, the default rule is that members share cumulative net profits

equally. - answer✔True, (See RSMO 347.111)


(T/F) Using the "de jure corporation" standard as a bright line test to resolve a promoter liability

claim was rejected in the Robertson v. Levy (record store) case. - answer✔False, the court in that

case applauded and applied the "de jure" standard.

(T/F) The statutory liability shield for members in a Missouri limited liability partnership is lost

if the LLP's registration is not renewed annually. - answer✔True, (See RSMO 358.440)


(T/F) Veil piercing is unique to corporations and does not apply to any other types of business

organizations studied in this course. - answer✔False, we also discussed its application to LLCs


(T/F) In Kessler v. Antinora (joint venture to build and sell a house) the appellate court held that

the service partner (Antinora) was not personally liable to pay for a share of the venture's losses

because the partners had failed to reach an agreement on how to share partnership profits. -

answer✔False, While the court did conclude that Antinora was not personally liable to pay for a

share of those losses, it was because the court interpreted the overall agreement to provide that

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