Question
Scenario Barney, Velma and Fredrick are in a partnership as accountants. Fredrick has also studied as a migration agent. Fredrick sometimes acts for some of
Scenario Barney, Velma and Fredrick are in a partnership as accountants. Fredrick has also studied as a migration agent. Fredrick sometimes acts for some of the firm's clients in immigration matters and charges those clients for migration services. When Fredrick charges those clients for migration services, he uses a separate invoice but uses the partnership's letterhead. Barney and Velma are aware that Fredrick has been providing migration services for clients of the firm. Fredrick has offered to act for a client, Xiao Lin, in an immigration matter. He will assist Xiao Lin to prepare the required documents for an upcoming visa application. Fredrick charged Xiao Lin an upfront fee of $15,000 to begin the work. Xiao Lin deposited the money with Fredrick. Shortly after receiving the money, Fredrick leaves Australia and can no longer be located. Xiao Lin has commenced an action against the partnership for the return of her money. Consider: Whether Fredrick has breached any duties as a partner and what remedies may be available to Barney and Velma. The liability of the partnership to compensate Xiao Lin for the loss of the money.
ANSWER in IRAC please! ( issue, rule, application, conclusion)
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