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The Texas Journal of Business Law (Archive)
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Volume 48, Issue No. 3 (Spring 2020)
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Partner's Duty of Care -- Whether a Partner's Statutory Duty of Care Can Be Disclaimed
PDF
5 - Partner's Duty of Care (G. Alonso).pdf
254.2 KB•PDF Document•PDF

Partner's Duty of Care -- Whether a Partner's Statutory Duty of Care Can Be Disclaimed

In Shannon Med Ctr v Triad Holdings III, LLC. ____S.W.3d ____, No. 14-18-00638-CV, 2019 WL 6606406 (Tex. App. -- Houston (14th Dist)), the Court of Appeals, citing Texas Business Organizations Code (Secs 152.206 and 152.002(b)(3)), held that while a partnership agreement may authorize contracts between a partnership and partners or their affiliates, but a partner entering into those contracts must still comply with the duty of care charged by statute.

2019 WL 6606406802 S.W.2d 647Abuse of DiscretionAbuse of Discretion StandardBest Interest of The Partnership StandardDerivative ActionDerivative Action DoctrineDuty of CareGeneral PartnerGood FaithGood Faith StandardJudicial Dissolution Standard (Requires 75% Vote and Reasonable Practicability)Jury ChargeJury Instruction Standard: Must Track Statute LanguageJury InstructionsReal EstateStandard: Conduct With The Care An Ordinarily Prudent Person Would Exercise In Similar CircumstancesStatutory Duty of Care Cannot Be DisclaimedTenantTexas Business Organizations Code §152.002(B)(3) (Prohibition on Eliminating Duty of Care)Texas Business Organizations Code §152.204(B)Texas Business Organizations Code §152.206 (Statutory Duty of Care)Texas Business Organizations Code §153.003
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PDF
5 - Partner's Duty of Care (G. Alonso).pdf
254.2 KB•PDF Document•PDF