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[Partnership Problems] Jamar, Kenya, and Tamika Want to Form a Partnership

question 29

Multiple Choice

[Partnership Problems] Jamar, Kenya, and Tamika want to form a partnership to sell students resume preparation and employment search services. Jamar asks Kenya and Tamika if they should draw up some sort of agreement. Kenya replies that a written agreement is not legally required and that an oral agreement will set up a partnership. Upon the urging of Jamar and Tamika, however, Kenya agreed to a written document setting up the partnership, which they all signed. It was a simple agreement listing the partners and did not specifically address the right to management or allocation of profits and losses. Kenya has an opportunity to assist some students with resumes and does so without revealing her employment to the partnership; she keeps the payment she receives for herself. When Jamar and Tamika find out, Kenya replies that she was doing two-thirds of the partnership work, particularly in regard to management; that she, therefore, has two-thirds of the voting rights; and that she voted that her actions were appropriate. The articles of partnership does not address the right to share in management, but Jamar and Tamika strongly disagree with Kenya.
-The written agreement creating the partnership entered into by Jamar, Kenya, and Tamika is referred to as the ________.

Definitions:

Duty of Care

A legal requirement that demands individuals or organizations to exercise a reasonable degree of attention and caution to avoid negligence that could harm others.

Business Judgment Rule

A legal principle that protects company directors from liability for decisions made in good faith and with a reasonable basis.

Officer's Roles

Responsibilities and duties assigned to officers within an organization, including executing company policies and managing operational activities.

Qualifications

The skills, attributes, or credentials required to perform a particular job or task.