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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relagcy0134 and id is 1 raw text is: 





                                       AGENCY



                          CHAPTER 1. INTRODUCTORY MATTERS

                                    TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

Wis.2020. Com.  (d) quot. in case quot. in disc. Festival attendee brought a claim sounding in negligence
against festival producer and limited-liability company that was a member of a band producer had hired,
alleging that plaintiff suffered injuries when she tripped over an electrical cord placed by limited-
liability company's sole member. The trial court granted defendants' motion for summary judgment.
The court of appeals reversed in part. This court reversed, affirming the trial court's finding that limited-
liability company enjoyed the same statutory immunity for recreational activities as producer, because
limited-liability company was an agent of producer that acted on producer's behalf through its sole
member.  The court relied, in part, on Restatement of Agency § 1, Comment d, in defining agent, and
explained that a principal-agent relationship existed between the defendants, because their contractual
agreement gave producer broad control over limited-liability company's activities, and producer
requested limited-liability company to act on its behalf to provide music for the festival. Lang v. Lions
Club of Cudahy Wisconsin, Inc., 939 N.W.2d 582, 601.



                                 CHAPTER 4. RATIFICATION

                                    TOPIC   1. DEFINITIONS

§ 82. Ratification

S.D.Miss.Bkrtcy.Ct.2019. Cit. in case quot. in sup. In Chapter 7 proceedings for debtor that was
incorporated in and had its principal place of business in Mississippi, Louisiana lender filed an adversary
proceeding against debtor's sole member and manager, who resided in Mississippi, seeking to recover
on his alleged personal guaranty of a loan that debtor obtained from lender to finance the purchase of an
airplane that was hangered in Mississippi. This court denied defendant's motion for summary judgment,
in which he argued that his signature on the guaranty was forged, holding that questions of fact remained
as to whether, under Mississippi law and Restatement of Agency § 82, defendant ratified the guaranty
through his conduct after he became aware of the purported forgery, even though the evidence did not
show who  signed his name. The court noted that, while the Restatement Second of Agency provided that
an actor could ratify an act only if the actor purported to act as an agent, Mississippi courts had adopted
the position of Restatement Third of Agency § 4.03, which provided that a person could ratify a forgery.
In re World Health Jets LLC, 610 B.R. 118, 147.





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