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Rosa Schulz, Heather Martinelli, and Alyse Johnson formed SMJ Enterprises, a general partnership based in Kentucky, on January 1, 2020 to buy a fleet of
Rosa Schulz, Heather Martinelli, and Alyse Johnson formed SMJ Enterprises, a general partnership based in Kentucky, on January 1, 2020 to buy a fleet of food trucks. Three months after forming the partnership, the partners decided to expand the scope of their business and elected to lease all the trucks to Spinoff Corporation, a corporation owned by Martinelli and Johnson. SMJ earned $100,000 from the lease agreement with Spinoff in 2020. During the same year, Martinelli and Johnson, without informing Schulz, sublet the leased trucks to four separate corporations and earned $150,000 in lease income. Instructions 1. Describe whether Martinelli and Johnson breached any fiduciary duty to Schulz. If so, identify and briefly explain the duty. 2. If you feel that a breach occurred, could Martinelli and Johnson each argue that the duty was waived through disclosure of a potential adverse interest
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