Question
Three men, Dewey, Cheatham, and Howe, form a partnership, DCH Associates.The business will do commercial leasing and run a dry cleaning business.Only the UPA or
Three men, Dewey, Cheatham, and Howe, form a partnership, DCH Associates.The business will do commercial leasing and run a dry cleaning business.Only the UPA or the RUPA governs the partnership, or common law where neither Act addresses the matter (i.e., the partners have not entered into an agreement that deviates from that law).Discuss the outcome of each scenario, explaining your conclusions.
11) Dewey and Howe investigate ways to end their relationship with Cheatham, including both continuing the business and not continuing the business.
- Under the UPA, what is the process for ending the partnership, and would this process differ depending on whether Dewey and Howe want to continue the business? Explain.
- Under the RUPA what is the process for ending the partnership, and would this process differ depending on whether Dewey and Howe want to continue the business?
12) Dewey and Howe consider whether they should find someone to buy out Cheatham's interest in the partnership. Lovett agrees to pay Cheatham $200,000 for his interest and become a new partner.
- If the lawsuit filed by Client remains unresolved after Lovett buys Cheatham out, does Cheatham remain liable, and if so, is there any way for him to get out of this liability? Does your answer differ whether the partnership is governed by the UPA or RUPA, and if so, how?
13) After Lovett buys Cheatham out of the partnership, the business purchases new PCs on credit.
- Is Cheatham liable for this debt? What can Cheatham do to avoid being liable on this debt?Does your answer differ depending on whether the computers are purchased from Crapple or from a new vendor?Does your answer differ whether the partnership is governed by the UPA or RUPA, and if so, how?
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