Smith And Roberson's Business Law: Court Case

Improved Essays
2) Harold would not succeed. It’s true that Stephanie lend the firm fifty thousand and take 10 percent interest, but she is still not a partner until two years more. Under the correct documents she is not and she never stated she was. She was not admitted yet, so she is not liable. I think it is liability of incoming partner. As stated in the textbook “a person admitted as a partner into an existing partnership is not personally liable for any partnership obligations incurred before the person’s admission as a partner”. (Richard A. Mann, Barry S. Roberts, Len Young. Smith, and George Gale. Roberson. Smith & Roberson’s Business Law (Mason, OH: South-Western, 2009), 622.).

10. I think the judgement can’t go to neither against black because it
…show more content…
(Richard A. Mann, Barry S. Roberts, Len Young. Smith, and George Gale. Roberson. Smith & Roberson’s Business Law (Mason, OH: South-Western, 2009), 621.). For example, you enter into a partnership and made the agreement. Your partner stole money from someone while making a business agreement by taking too much that was agreed upon. You will also be liable for that action. You didn’t know that it happened and maybe you used the money during the partnership agreement, which makes you liable.
Case 32-1 RNR investments limited partnership v Peoples first Community Bank:

Facts:

RNR is a limited partnership that was formed. The limited partnership agreement had some restrictions on the general partner authority. The general partner was restricted on the ability of handling the funds. They can spend more than the approved budget. In June 1998, RNR, through the general partner got into a construction loan agreement, note and mortgage with the bank. RNR failed to make monthly payments and the bank filed a complaint seeking foreclosure. RNR said that bank didn’t investigate to check if the general partner had authority to enter the agreement. Bank filed motion for summary judgment.

The issue at law the court is considering:

Did RNR general
…show more content…
The general partner did not get a written consent of a limited partner, when he did the agreement. He was supposed too, as stated in the textbook “The general partner shall receive the prior written consent of the limited partnership” (Richard A. Mann, Barry S. Roberts, Len Young. Smith, and George Gale. Roberson. Smith & Roberson’s Business Law (Mason, OH: South-Western, 2009), 634.).

31-3 Horizon/cms health care corporation v Southern oaks health care, Inc.

The facts of the case:

Horizon and Southern Oaks formed a partnership and entered into several partnerships. They both agreed that horizon would manage both of the facilities, southern oak facility and royal oaks facility. Southern oaks filed a complaint stating numerals defaults and breaches of the twenty agreements they had with horizon.

The issue at law the court is considering:

Is it right that horizon and southern oaks health care partnership be dissolved?

How the law was applied in this case:

The trial court found that horizon did breach the contract for the two different partner agreements, and for the several ones they had. The partnership was

Related Documents

  • Improved Essays

    Wgu Est1 Task 2

    • 752 Words
    • 4 Pages

    Contracts For our business, Karma Kaffeine, we will need to implement several contracts. For instance, we will be required to form a lease contract when we decide to rent out property for our business. The leasehold interest we will engage in is Periodic Tenancy, which is the automatic renewal of the contract for another rental period unless formally and properly terminated (Holcomb, 2015). Our business has chosen to rent property because it will save us money if we are required to change locations due to unforeseen circumstances. In addition to forming a lease contract, we will need to form contracts with our suppliers and distributors to ensure our products will be delivered promptly.…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    So Karen and Jones contracting with bank get legal. And they are being company representatives so it is Delish’s duty to repay to the bank. So being two legal directors Karen and Jones are proper authority to take part in loan agreement with bank. So we can wrap up saying these two directors dealing with bank about the loan was legally authorised.…

    • 1890 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Hrm/531 Week 2

    • 802 Words
    • 4 Pages

    Demand in the market economy is clarified as purchaser's desire and capability to consume a specific merchandise. Expand in cost will reduce the amount of goods given. A decrease in price will increase the quantity demanded of most goods. The reciprocal relationship between cost and the amount of goods identified as the demand of law and is normally act of a slopped line going downwards which can be identified as the demand curve. The demanded curve displays that the quantify demanded of a particular good at various amount of costs.…

    • 802 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Issue: Is the evidence supporting various jury findings sufficient enough? Bennett challenges the legal and factual sufficiency of the evidence supporting various jury findings in favor of Cochran. Parties to the Case: In this case, Robert S. Bennett is the plaintiff and Les Cochran is the defendant.…

    • 469 Words
    • 2 Pages
    Great Essays
  • Improved Essays

    Harold C) Stacey's colleague D) the firm that represents…

    • 992 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Arcadia Sports Case Study

    • 1678 Words
    • 7 Pages

    Specifically, if Jeb’s wind farm business and Arcadia Sports were created as either limited or limited liability partnerships, there would be a change in how the debt would be handled. Particularly, with regards to Arcadia Sports, those seeking debt repayment for Jeb, would be entitled only to Jeb’s investment in the business, Josh’s assets could not be touched (Kubasek, 2012). If, however, the partnership was formed as a general partnership, both Jeb and Josh would share unlimited liability for each other’s obligations (Kubasek, 2012). As such, Arcadia Sports would be considered an asset towards the repayment of Jeb’s debts.…

    • 1678 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    They will be in charge of maintaining business records and handling returns in regards to tax. Nominated partners have to register partnership with HMRC. After they complete this, they register automatically for any self-assessment that would need to be done. Partners of other kind have to register for self-assessment, which should lead to them being able to pay for any personal tax and national insurance. This can only happen from these other partners’ share of profit from the partnership.…

    • 494 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Unit 1: Sole Contractorship

    • 2286 Words
    • 10 Pages

    Just like the sole proprietorship, the partnership is 100% liable and creditors may go after business assets, or personal assets of either or both partners. • INCOME TAXES – Taxed like a sole proprietor where each partner pays taxes on their income from the business like it was there personal income, and expenses may be written off to offset business expenses. Since the partnership is also not considered a separate entity, the business is taxed only once. • LONGEVITY/CONTINUITY – Once a partner exits the business or dies, it is dissolved and a new business form must be created in order for the business to continue operating. • CONTROL – Partners have equal control in all decision making and operations of the business.…

    • 2286 Words
    • 10 Pages
    Improved Essays
  • Improved Essays

    The handbook helped the panel hold the liability verdict against the weight of the evidence. The argument did not fall under any of the CEPA laws, therefore ruling in favor of Bridgeway, Inc (Hitesman v. Bridgeway Inc., 2014). In what way, if any, did the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C.A. 1320d-1 to -9 impact the actions of Bridgeway? or impact the decision of the New Jersey Supreme Court? How does HIPAA apply to your analysis of the actions of the parties?…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Case Study: Acme Fireworks

    • 1757 Words
    • 8 Pages

    Under an LLC, John can breathe a little easier knowing that the business is a legal entity; personal assets are protected in the event of a lawsuit. The biggest advantage for John, an LLC can be formed under one ownership, or he can choose to work with several partners. Personal liability is offered under an LLC, meaning partners is not liable for the actions of others, and only company assets are at risk, in the event of a lawsuit. Advantage, if any partner is involved in a lawsuit due to actions, they had no control of, limited liability protection is offered. However, the courts will have to look at a negligence claim to determine if John meets the criteria that will either find him responsible or not.…

    • 1757 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    In Hooper vs. Yoder, David Yoder sued Steven Hooper for half of the company’s assets and half of salary previous paid to Mr. Hooper. The decision reached was in Mr. Yoder’s favor and was reaffirmed upon appeal (Hooper v. Yoder, 1987). The case was heavily influenced by the Uniform Partnership Act, which governs the business dealings of partnerships. This case in particular highlights the legal cadence of dissolving and forming businesses and partnerships as well as places an emphasis on the preferred legal structure for companies where sales and production are managed by two separate individuals, a common structure when companies start.…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case Law 531 Week 3 Quiz

    • 1574 Words
    • 7 Pages

    Answer: Yes, Bo would be entitled to a decree of specific performance against Sadia. Under the Statute of Fraud, if there is a contract for the sale of a property such as Lot No. 2, there must be writing in order for to be enforceable. Because Sadia put the agreement they had in writing and signed it, Bo has the authority to buy Lot No. 2 from Sadia.…

    • 1574 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Entrepreneurs have the privilege of deciding how they want their business to operate. It is obvious that success is one of the main goals, but the pace and direction to get there can be different. Business owners have to develop a structured plan that will guide them for one milestone to the next. It is beneficial for some entrepreneurs and business leaders to think heavily about what style of structure is best suited for their vision. Those styles of structure would be a sole proprietorship, partnership, limited liability, and corporation.…

    • 1033 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    All parties have full understanding of and are willing to enter into the contract. 5.…

    • 732 Words
    • 3 Pages
    Superior Essays
  • Improved Essays

    This caused the merger deal to collapse and the company to border on insolvency and Prosser bank to be unable to collect loan proceeds. The company is under investigation by the United States Department of Justice (DOJ), the Intenrnal Revenue Service (IRS), the Securities Exchange Commission (SEC), the Florida Attorney General and the Florida Department of Revenue. Reginald Varghese was told by the new company president not to obey any summons or subpoenas by these governmental agencies. I am currently being sued by investors at the time of the IPO and those who invested in anticipation of the proposed mergers and also by Prosser Bank who is suing for their…

    • 1799 Words
    • 8 Pages
    Improved Essays