Partnership Termination Analysis

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Issue: The court must determine whether the partnership terminated? Rules: Under Louisiana law, the mandate and the authority of the mandatary terminate upon the death of the principal or of the mandatary, Interdiction of the mandatary, and qualification of the curator after the interdiction of the principal. According to G eorge v. Sandel , the Principal can terminate the mandate before the completion of the mandate. Upon terminating the agency, the principal must notify the third party and agent; otherwise, the principal is bound to the mandate to the third party. According to Succession of Zatarain, The mandate of an attorney named in a will to handle the testator’s estate differs from the usual mandate inasmuch as it commences rather than ends with the death of the principal. In addition, it does not confer upon the agent the power to delegate his authority to a subagent. Analysis:

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Transcript of Partnership Termination Analysis

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Issue: The court must determine whether the partnership terminated?Rules: Under Louisiana law, the mandate and the authority of the mandatary terminate upon the death of the principal or of the mandatary, Interdiction of the mandatary, and qualification of the curator after the interdiction of the principal.

According to George v. Sandel, the Principal can terminate the mandate before the completion of the mandate. Upon terminating the agency, the principal must notify the third party and agent; otherwise, the principal is bound to the mandate to the third party.According to Succession of Zatarain, The mandate of an attorney named in a will to handle the testators estate differs from the usual mandate inasmuch as it commences rather than ends with the death of the principal. In addition, it does not confer upon the agent the power to delegate his authority to a subagent.

Analysis: