Partnership Formation. Daniel is the owner of achain of shoe stores. He hires Rubya to be the manager of anew store, which is to open in Grand Rapids, Michigan. Daniel, by written contract, agrees to pay Rubya a monthly salaryand 20 percent of the profits. Without Daniel’s knowledge,Rubya represents himself to Classen as Daniel’s partner andshows Classen the agreement to share profits. Classen extendscredit to Rubya. Rubya defaults. Discuss whether Classen canhold Daniel liable as a partner. (See Partnerships.)

Case D: Governance Corporation, Bl corporation, and Susan Schultz, president and principle shareholder of TBI, agreed to form a new corporation, Model Board. TBI and Governance were in the business of providing unique guidance formats and analysis tools for advising boards of directors on governance issues. Mark Schlussel was supposed to take care of the formalities involved in incorporating Model Board. When little progress was made in gaining financing for Model Board, Schultz announced that TBI intended to take on some business opportunities that Model Board had intended to pursue. Model Board sued TBI for interference with its business opportunities. TBI moved to dismiss on the grounds that Model Board had no capacity to sue because it had never been incorporated. Is a court that adheres to the historical approach likely to dismiss this suit because Model Board has no corporate existence? Explain.

Which of the following represents an agency relationship?     1)  Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives.   2)  Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent.   3)  Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement.   4)  Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…

In order to expand its business, a few years ago, Leeds Ltd purchased 43% of the ordinary shares of Salford Ltd. The remaining 57% shareholdings are held by three other shareholders who possess the equal proportions of shares.     Required:   (1) Explain the concept of de facto control. (40 to 50 words)   (2)According to the above scenario, explain whether Leeds Ltd can control Salford Ltd. (50 to 60 words)

James and John are directors of ‘Cakes & Frozen Novelties Company Limited.’ Peter, Paul andDavid are shareholders. The company has been in operation for four years. The company has notmade any profits since its inception but James and John decided to declare dividends from thecompany’s capital reserves. The company has 10 million shares that were not distributed. Jameswent ahead and sold the shares to his wife, who is not currently a member of the company.Peter enquired as to whether or not the company can just purchase the shares issued, as there aremany different types of shares available. Paul noted that this is possible but pointed out thatRedeemable shares have particular features and certain procedures must be followed in order toredeem. He also stated three ways in which the company must finance these redeemable shares.James asked about the effect of the redeemable shares. John was puzzled and asked how acompany can redeem its share capital, especially when there is a…

14. A contracts with B to mow his lawn and rake up fallen leaves.  If A and B agree that B will fertilize his flowers instead of raking to satisfy B's contractual obligations; this is called:   a)  a Novation.   b)  an Accord.   c)  mitigating damages.   d)  substantial performance.

Subject: Business Law and Regulations Topic: Nonstock Corporation 3. During the Annual Members meeting of Kampante Corporation, Jose a member nominated Atty. Joshua the retainer lawyer of the corporation citing as ground that due to the good legal representations of the latter for the corporation wants him to serve in the board as a trustee. Mr Kent objected on the ground that Atty. Joshua is not qualified not being a member thereat. a. Is the nomination by Joe of Atty. Joshua valid? b. Is the objection of Mr. Kent based on the ground cited meritorious?

Haseena grants a life estate to John. John owns the estate until he dies. Haseena designated that after John's death, the estate would pass to Hila (a third party). What can Hila be described as? the reversionary interest the remainderman the conditional heir the determinable grantor

Joseph, a shareholder, wishes to sell his shares and has received an offer from Peter, who is not a shareholder, to buy shares well above the original price. Melissa, an existing shareholder, is adamant that she should be allowed to purchase Joseph’s shares at the original price. Joseph is the only shareholder who currently holds less than 5% of the shares of Spades Limited  Advise Karen and Melissa.

Joseph is the sole trustee of a trust fund of $1,000,000. By the terms of the trust, he is under a duty to invest the money ‘as if he were absolutely entitled to the assets of the trust’. Ronald, an investment broker, approaches him, who offers to pay him $100,000 ‘no questions asked’ if he invests the trust fund with him. Joseph agrees, and is paid the $100,000. Ronald invests the $1,000,000 on the stock market, eventually losing $700,000. Joseph is now insolvent with only $300,000 remaining, and Ronald has fled the country. Advise the beneficiaries of the trust.