Critical legal Thinking Project No. 2 I. Describe the legal relationship between Fab Flowers and Ben and explain any specific legal duties and liabilities of Fab Flowers and Ben in this relationship. Fab Flowers and Ben formed an agency by agreement, whether oral or written, when Fab Flowers agreed with Ben to represent the partnership in purchasing wholesale flowers in Ecuador. On the two parties’ relationship, Fab Flower is the principal because they are employing Ben (the agent) to act on their behalf to purchase flowers for them in Ecuador to be resale. Fab Flowers (Principal) duties to Ben * Compensation- Fab Flowers has a duty to pay Ben in a timely manner, either after the completion of the job or a specified agreed time. …show more content…
Ben can still do his duty on purchasing the flowers from Ecuador because the funding is still there for Fran, Joe, and Mike. IV. If Joe dies, explain the legal effect of his death on the relationship between Ben and Fab Flowers, and why. In the event Joe dies, Fab flowers partnership can lead to dissolution and this likely will be included on their partnership agreement. Any transaction that occur after Joe’s death, are not binding on Fab Flowers estate. If Fran and Mike decide to continue a partnership, they need to form a separate partnership but only after, they completed the termination of Fab Flowers. They have to resume their partnership with another name and they can later inform Ben to establish another agency. References: Business Law: Text and Cases. Kenneth Clarkson, Roger Miller, and Frank Cross.12th ed.Mason, OH: South-Western,
| The partners are jointly and severally liable for business debts and obligations. The partners are held personally responsible for the business and may be sued personally for liability. Partners’ personal assets are subject to lawsuit(s) made against the business. Lack of continuity; death of a partner may end the partnership/business if a buy/sell agreement is not in place. Disagreements may be difficult to resolve.
Glen is an agent for High Flight, Inc. On High Flight’s behalf and at its request, Glen pays Ilsa for certain plane maintenance and repair services. Glen’s right to obtain the amount of those payments from High Flight arises under the principal’s duty of
In order to advise Billy in whether he is entitled to the extra $20,000 and a share in the farm, the key facts and relevant issues must be examined to determine if the elements of a legally binding contract exists. Whether there was an agreement and intention to create legal relations between the two will be used to determine whether Choy has breached a contract between the two. If a contract is found to
Due to its nature, partnership is generally liable for the acts of the individual partners if committed in the course of the partnership business. However, liabilities of every partner may be regulated by the written agreement signed by partners. If no written agreement is signed by partners, liabilities of the partnership are regulated by the Partnership Act. If one of the partners retires, he or she may not be liable for the future debts of partnership if an official notice of the change is sent to creditors and the public. However, there were no official notice sent by the partners in the case; therefore, Toby may be liable for the debts of partnership. Due to the death of the third partner, partnership may be dissolved. In order to pay off the debts, assets should be sold and partners are free to continue the same kind of business after the dissolution of the
Advisor met with the client and brothers Elbert Parker (POA) and John Parker. Overall, from the meeting advisor saw several red flags he deemed as suspicious, he felt that Elbert Parker (POA) and John Parker, her brothers are trying to take advantage of Kate when she passes away by changing the beneficiary to themselves. With changing the beneficiary to Elbert & John they would each receive 50% of her 6915016 account. He felt John was nervous in talking to the advisor while Elbert was confident and directed Kate several times on how to fill out the change of beneficiary forms.
Maximum Possible Points: The maximum number of points you may earn for this assignment is 50.
When it comes to partnerships Alex, Bill, Carl, and Devon will have two options- a general partnership or a limited partnership. Partnerships are beginning to be a business form of the past. Once upon a time, partnerships were “the default form of business and provided the benefit of pass-through taxation, but lacked the important feature of limited liability” (Chrisman, 2010, p. 465). In a general partnership, each partner associated with the entity will be held liable for their own business decisions as well as
2. Maclntyre, Ewan. "The Law of Torts 1." Introduction to Business Law. 2nd ed. Essex: Pearson Education, 2012. 258-304. Print.
As stated in the Partnership Act, “Each partner in a firm…is liable jointly with the other partners for all debts and obligations of the firm incurred while the partner is a partner, and after the partner’s death (his or her) estate is also severally liable in a due course of administration for such debts and obligations so far as they remain unsatisfied..”. Thus being a partner of Busy Bee Florist Shop, Violet is liable jointly with the
This case was prepared by Professor Stephen E. Barndt of Pacific Lutheran University. This case was edited for 5MBP 9th Edition. Copyright C 1998 and 2000 by Stephen E. Barndt. This case was published in the Business Case [ourn Summer 1998. Vol. 1. No. t. pp. 53-{}9. Reprinted hy permission,
They also disagree on how the assets should be divided. The parties to the negotiation include John, Mary, their four children and Bill, their business partner. They must negotiate custody for the children, division of the assets, support payments and J & B Images.
Control: Control is exercised by all partners. As such, each partner is an agent of other
The title dissolution of partnership is distinct from dissolution of firm. In the dissolution of firm the business of firm is closed and the assets of the firm are sold off and the liabilities of the firm are discharged. Whatever remains after is distributed among the partners in the ratio of their profits or as per the agreement of the firm provides for. In contrast in the dissolution of the partnership only the agreement is dissolved whereas the firm continues to exist.
Anyways, it is essential that the outgoing members of the partnership do discuss this possibility with the last worker, and provide an official notice of retirement, in order to prevent future debts (as stated in Section 36 of Act 1980: “Where a person deals with a firm after a change in its constitution he is entitled to treat all apparent members of the old firm
Before discuss the rights and liabilities of the partners and Lemon International Limited, the issues are that meaning of partnership (s5), whether a partnership is involved even there is no written agreement, and if so who the partners are as it will make differences on the liabilities of partners to third party (s12) and the power of partner to bind the firm (s8) of the Partnership Act 1891 (Qld).