Question
Monica and Phoebe decide to start a new caf and wine bar, the Pick Me Up Caf. Monica agrees to provide $40,000 in start-up funds
Monica and Phoebe decide to start a new café and wine bar, the Pick Me Up Café. Monica agrees to provide $40,000 in start-up funds but will not work at the café. Phoebe has no cash to contribute to the venture but will contribute her labor and will provide nightly concerts for Pick Me Up patrons. Monica and Phoebe execute a " Partnership Agreement." The somewhat "bare-bones" agreement specifies what each will contribute to the venture, states that Phoebe shall manage the day-to-day affairs of the café, and provides that profits will be split so that Phoebe will receive 75% of the profits, with Monica receiving the remaining 25%. Phoebe hires Rachel and Ross to work as servers. They (Rachel and Ross) are each to be paid minimum wage plus 4% of net sales. In order to give Ross and Rachel a sense of "ownership" in the venture, Phoebe invites the two to make suggestions about how the Pick Me Up should be run. Phoebe also hired an independent contractor who worked there as a security guard.
a. Would a plaintiff who sued for a tort broken by the independent contractor be able to recover anything from Monica, Rachel, or Ross? If so, how much may the plaintiff recover from each?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
This question is about legal liability within a business partnership specifically considering torts ...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started