Question
Payne and Fear are the two partners of Payne & Fear (P&F) law firm, which they founded ten years ago as a partnership. P&F filed
Payne and Fear are the two partners of Payne & Fear (P&F) law firm, which they founded ten years ago as a partnership. P&F filed a statement of qualification to become an LLP one year ago. In answering the following questions, assume that P&F has no formal partnership agreement and that RUPA applies.
1. Saul, Fear's former legal assistant, won a tort judgment last week against P&F as a result of Fear slandering her two years ago. Can Saul recover on the judgment against Payne? See RUPA 306(c) and Comment 3 to that section. If yes, how does she go about it? See RUPA 307.
2. Payne and Fear have a falling out and decide to cease operations of P&F. As a result, P&F purposely defaults on the rent it owes on the office lease it signed six months ago. Can the lessor recover amounts owed under the lease from Payne or Fear?
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