revenues and management of the business. 38. The plaintiff bears the burden of proving the occurrence of a condition subsequent, and the defendant has the burden of proving the occurrence of a condition precedent. A. True B. False 39. In Synergies3 Tec Services, LLC v. Cerxe, the court found that Synergies3 Tec Services and DIRECTV were not vicariously liable for the intentional torts committed by Castro and McLaughlin. A. True B. False 40. Which act below was considered an act "in itself' as adoption of the contract in SmithSteam Yachts, Inc. v. Gyrographic Communications, Inc. A. a corporation's act of electing board of directors B. a corporation's act of suing on a pre-incorporation contract C. a corporation's act of filing articles of incorporation in a different name than the promoter intended D. a corporation's act of declaring a very small dividend when the shareholder's demanded a higher return on their investment