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Doug, aged 58 and Bill, aged 51 are brothers. They fished together off the coast of Newfoundland for 15 years. Doug first worked fishing with

Doug, aged 58 and Bill, aged 51 are brothers.

They fished together off the coast of Newfoundland for 15 years. Doug first worked fishing with their father, Howard, in the 1970's who owned a boat and had a "ground fishing license." When Howard retired in 1986 he transferred the license to Doug.

In 1989 Doug and Bill decided to buy a boat and fish together. They equally paid 10% down on the purchase price of $50,000 and borrowed the balance of $45,000 and equally paid the loan payments. In 2004 they sold the boat and equally divided the proceeds.

Then Bill wanted to fish for crab and therefore acquired a crab license. The cost was $2500 which was advanced by the company which was purchasing their catch at the time. The government only allowed the fishing license to be in one name. Doug and Bill bought another smaller boat which was appropriate for crab fishing. The cost of $5,000 was paid for in cash equally by Doug and Bill.

Throughout the 1990's the brothers fished for crab and that industry became more and more lucrative. They split income and expenses equally.

After the sale of the larger boat in 2004 Bill wanted to buy a larger boat for crab fishing so that they could go longer distances and Doug agreed. However, their relationship soured and Bill purchased another boat on his own.

Doug wanted the value of his interest in the crab license which by then was worth $650,000. Bill refused stating that the crab license was in his name only.

Doug sues Bill.

  1. What is the legal issue/question
  2. What rule of law applies?
  3. Make an argument for the Plaintiff, Doug
  4. Make an argument for the Defendant, Bill

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