Question
Jeb and Josh are lifelong friends. Jeb is a wealthy wind-power tycoon, and Josh is an active outdoor enthusiast. They have decided to open a
Jeb and Josh are lifelong friends. Jeb is a wealthy wind-power tycoon, and Josh is an active outdoor enthusiast. They have decided to open a sporting goods store, Arcadia Sports, using Jeb's considerable financial resources and Josh's extensive knowledge of all things outdoors. In addition to selling sporting goods, the store will provide whitewater rafting, rock-climbing, and camping excursions. Jeb will not participate in the day-to-day operations of the store or in the excursions. Both Jeb and Josh have agreed to split the profits down the middle. On the first whitewater rafting excursion, a customer named Jane falls off the raft and suffers a severe concussion and permanent damage to her spine. Meanwhile, Jeb's wind farms are shut down by government regulators, and he goes bankrupt, leaving extensive personal creditors looking to collect.
If Jeb & Josh enter into a limited partnership in this situation, with Jeb being a limited partner, would Jeb be liable for Jane's injuries because he provided the finances to start Arcadia Sports?
Would the determination if Jeb's presonal creditors would be able to go after Arcadia Sports be depedent on what type of business the wind-power business was? If it was a sole proprietorship his personal credits could go after Arcadia Sports' assets & profits but if it were a corpration they wouldn't or am I overthinking that part?
In a limited partnership, can the limited partner and general partner split profit?
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