Agency, Associations, Employment, Licensing and Partnerships: Cases, Statutes and Analysis
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Description
This volume is an abridgement of the second edition of Enterprise Organization (1977) edited by Conard, Knauss and Siegel, (1st edition 1972), which was a successor to the casebook Business Organization (1965) edited by Conard and Knauss, and in earlier years (1950 and 1957) by Conard. Starting with its first edition the emphasis of this casebook has not been on traditional doctrines-agency, partnership, corporations—but on the functional problems of doing business in an organized society. The focus is on business relationships—one person working for, or doing business through, another; two or more persons doing business together. The legal problems include the effect of these relationships on third parties, and the rights and obligations between the parties themselves. In deciding what a potential lawyer needs to know about business organizations or enterprises we have taken the broad view. After an introductory chapter on forms of organizations, we start with the necessity for a license in most of the kinds of business anyone would wish to pursue; this subject has particular relevance to the self-employed “individual proprietor”, whose numbers (in the millions) deserve some attention in law schools. The next several chapters deal with relationships which are common to enterprises of nearly every size, from the proprietorship with a single employee to the corporation with a hundred thousand. Topics include enterprise liability for personal and property injuries, employment, representation in business dealings, and fiduciary duties. In analyzing these issues the nature of the employer or principal (proprietor, partner or corporation) is of little importance in determining the rights and responsibilities of third parties injured by or dealing through agents. The form of business entity is important in these areas to determine whether individual members can limit their liability, and the case materials provide opportunities to explore this question. This edition concludes with material relating to the special problems of partnerships. This volume continues the policy of the earlier editions in respect to notes. Those which every student should read are in large readable type. Those which are designed to invite optional investigation are in small type and are labelled “references”. In most references, a few words in parentheses indicate what line of inquiry the citation pursues. The citations do not purport to be exhaustive; nor to be uniformly important. They are an attempt by the editors to pass on to student and teacher some of the leads which they have necessarily uncovered in a systematic study of cases and periodical literature over a period of years. We have continued and extended the comparison of foreign law solutions and the analysis of the economic and social functions of rules that characterized predecessor volumes of this book.
Publication Date
1977
Edition
2
Recommended Citation
Conard, Alfred F.; Knauss, Robert L.; and Siegel, Stanley, "Agency, Associations, Employment, Licensing and Partnerships: Cases, Statutes and Analysis" (1977). Faculty Books & Edited Works. 668.
https://gretchen.law.nyu.edu/fac-books-edited-works/668
