Charlie and Mia Have Started Selling T-Shirts with Iron-On Decals

question 66

Essay

Charlie and Mia have started selling T-shirts with iron-on decals and lettering. They have no formal written agreement and simply decided to split all profits equally. Each has contributed $1,000 to the enterprise, and since Mia will be doing all of the work, Charlie agrees that he will be responsible for 75 percent of any losses. Charlie does call in to make day-to-day decisions, but Mia purchases the shirts, decals, and lettering, operates the press, and runs the store. Charlie stays home and smokes cigars and drinks scotch. Alan purchases one of their shirts and, after wearing it all day, discovers that the dye has run and his upper body is now blue. After bathing numerous times, he finds that the blue dye will not wash off. Alan sues and is awarded $100,000 in damages. Charlie claims that there was no real business entity formed and that he should not be liable. How will the court decide?

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Definitions:

Presented

Shown, given, or made available for viewing or consideration.

Payment

The transfer of money or goods from one party to another as compensation for goods or services provided or as a fulfillment of a legal obligation.

Maker

In financial terms, it refers to the entity that creates or issues a promissory note or draft.

Drawee

The party in a financial transaction who is directed to pay a certain sum, typically the bank on which a check is drawn.