Who Needs BarBri?

In an effort to get a jump on things, I've decided to start practicing for the Bar Exam.

My first practice question:

Frances and Georgette were friends who on January 7 formed a general partnership at will to operate a coffee shop. Each contributed $10,000 in cash.

Due to Frances' and Georgette's negligence, Customer was injured on the partnership premises while doing business with the partnership on January 21.

On March 31, Frances and Georgette admitted another friend, Harry, to the partnership upon his contribution of $10,000 cash to the partnership.

On June 1, Customer filed a lawsuit naming the partnership and each of the partners as defendants. Fully analyze and discuss the legal issues presented here.

My answer:

I'm spent.


6 comments:

Anonymous said...

I am unclear on this, and I love learning law from cartoons... so does the customer get the 30k + everything and everything?

Ahhh, 1Ls. You gotta love us.

First Year said...

The words bar exam are starting to make me feel a bit nauseous. Its too soon for that!

Calculating Bitch said...

Butterflyfish -- the real point is that I wish I could use MS Paint or interpretive dance to take the bar exam. If only...

However, to satisfy any curiosity: H isn't joint and severally liable to this particular customer because he was not a partner at the time of the incident. Since the incident occured, but before the lawsuit, H contributed money to the capital account. The customer has the potential to get all of the money in the capital accounts (i.e. $30k, which was $10k from each), plus go after all of F&G's assets outside of the partnership. While H cannot be joined in the lawsuit, his capital contribution is not exempt from being included because once he joined it became a part of the partnership.

Hows that? This was actually only one quarter of an exam question that we were given for BA. There was no way in hell that I was going to illustrate the entire thing. I was just bored in legal writing last night...

Anonymous said...

Freaking awesome. Yes, freaking. Quite.

Larceny Bitch said...

I'm a little bummed the black is gone. I liked it better, the white is so "pure." And we are not pure.

John Roberts said...

Speak for yourself. I am totally pure to the max.