Fred Fender, Dan Dunlop and David Harley Are Partners in a Concreting

question 24

Multiple Choice

Fred Fender, Dan Dunlop and David Harley are partners in a concreting business.They also happen to be strict members of the Church of the Tawdry Saints which advocates sanctification through motorcycling, whole body tattooing, 'two eyes for an eye' retribution, complete devotion to the God of speed, and raising hell on earth before the time of the second coming.Fender who has backslidden in his faith, has left the church and is spreading rumours about some of its practices to the media, including its connection with some recent gang warfare.Dunlop and Harley expel him from the concreting partnership on this basis.Assuming the partnership agreement purports to gives a majority of the partners the power to expel another partner for misconduct, can Fender be legally expelled from the partnership?

• A)Yes.A partner can be expelled from the partnership if the partnership expressly gives this power to the majority of the partners.
• B)No.Regardless of the terms of the partnership agreement the power to dismiss a partner must be exercised in good faith and for proper purposes.
• C)Yes.The partnership is unworkable and it is not unreasonable for the partners to want to end their association with Fender.
• D)No.Partners cannot expel each other from the partnership, even by majority agreement regardless of the terms of any partnership agreement.

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Definitions:

Anaerobic

Relating to, involving, or requiring an absence of free oxygen, often referring to exercise that causes muscles to produce energy without relying on oxygen.

Isometric

Pertaining to exercises or muscle actions where the muscle length does not change and joints remain stationary.

Organic Fitness

A holistic approach to fitness that emphasizes natural movements and sustainable, healthful practices over synthetic methods and supplements.

Aerobic Exercise

Physical exercise of low to high intensity that depends primarily on the aerobic energy-generating process, such as running or cycling.