Question
Nasir, a house painter, and Miguel, a general contractor, met for lunch one day. During lunch, Nasir and Miguel decided to go into business together,
Nasir, a house painter, and Miguel, a general contractor, met for lunch one day. During lunch, Nasir and Miguel decided to go into business together, wherein Miguel would send painting referrals to Nasir, Nasir would perform the work and both Nasir and Miguel would split the profits from the business evenly. Miguel has a large net worth and so he was worried about personal liability in the event Nasir caused any damage and was sued. To reassure Miguel, Nasir takes out a piece of paper and writes up a very simple agreement detailing how the business will be run, and that Miguel will not have any management of the day to day operations of the business and will instead only provide upfront capital of $2,000 to help the business get off the ground. Both of them sign the document drafted by Nasir and go their separate ways. No documents are ever filed with the State. Six months later the house painting business has earned $50,000. Miguel has never provided a referral or performed any of the work, so Nasir has elected not to pay Miguel. Miguel sues Nasir seeking 50% of the income earned by the house painting business. What is the outcome?
Use IRAC method for this question.
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