Trusts
What are the two legal duties of a Trustee
The Duty of Loyalty and
The Duty to act as a Prudent Administrator
When is Error present in a contract?
The cause was known or should have been known by the other party.
What are the elements to the intentional tort of battery?
1. Intent to contact
2. Actual contact
3. The contact is harmful or offensive
When must a Motion for Summary Judgment be filed
65 days before trial
Who is liable to the 3P when a mandatary contracts with a 3P and discloses they are a mandatary but does not disclose their principal?
The mandatary is personally bound to the third party until the principals identity is discovered by the third party
How to place the Legitime into a trust while protecting the rights of a forced heir
The forced heir must be both the principal and interest beneficiary
When is the acceptance of an irrevocable offer effective
Upon Receipt
What is the liability regarding social hosts and alchool?
A social host is not liable for off-site injuries unless the drinker is under the legal age. Then the plaintiff will have to establish a claim of negligence
When must a JNOV be filed?
7 days, exclusive of holidays, from mail or service of notice of signing of the judgment
If no verdict, 7 days from jury discharge
What Are at least 3 documents that any shareholder May Review
1. Articles of Incorporation
2. Bylaws
3. Creation of classes of stock
4. Minutes of Shareholder meetings for the last 3 years
5. Written communications to the shareholders for the last 3 years
6. Names and Addresses of the Board of Director Members
7. Most recent Annual Report
8. Any Unanimous Governance Agreements
What are those exceptions?
1. Judgements that apply to alimony creditors
2. Providers of necessaries
3. Damages from a felony criminal conviction
A encumbrance may evict a buyer in breach of the warranty against eviction if the servitude is
1. Conventional
2. Non apparent
3. Undeclared
4. Buyer did not have actual knowledge of its existence
What is the make up of the medical review pannel?
The medical review panel is made up of three professionals and one non-voting attorney chair.
At the time of placing the product into the stream of commerce, the manufacture could have foreseen, realized, expected, or anticipated that it may be found in La.
Who may serve as a Trustee
1. A natural person who is a citizen or resident alien of the U.S.
2. A FDIC organized under the laws of Louisiana or the U.S.
3. A financial institution or Trust company authorized to exercise trust or fiduciary duties under the laws of Louisiana or the U.S.
When they buy the property "subject to" the lease or assume the lease.
When does a product suffer from a inadequate warning?
A manufacture is liable for an inadequate warning if their warning did not alert the consumer as to any potential danger and instruct them regarding how to sue the product
What is the proper filing to put third parties on notice of a pending action affecting title to, asserting a mortgage on, or privilege over immovable property?
Notice of Pendency of Action
If no Income Benneficiaries are natural persons but at least one Settlor is when does the Trust terminate?
Trust terminates 20 years from the death of the settlor.
If a reconnected lease now has a new term of month-to-month, when must the lessor give notice of their termination by?
10 days before the end of the term.
What are the Pitre Policy factors?
1. Need to compensate the plaintiff for the loss
2. Historic development of precedent
3. Moral aspects of the defendant's conduct
4. Efficient administration of the legal process
5.Deterrence of future harmful conduct
6. Capacity to bear and distribute the loss
What must an estate be valued at to proceed under a small succession?
$125,000 or less