Suggested Time to Complete: 36 minutes
Bert and Ernie’s Partnership – Difficult
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This questions should be answered using three IRAC structures. Please include all relevant key words in your answer.
Bert and Ernie form a partnership to run a business that makes and sells cookies. Bert meets with Dolly, a flour supplier, and signs a contract to purchase flour. However, the partnership falls behind in its repayments and owes $3,000 to Dolly. Bert meets with Dolly to request an extension on their repayments, but Dolly is hostile and rude during their meeting. In the heat of the argument, Bert threatens Dolly with a gun. The next day, Ernie posts an angry rant about Dolly from his personal social media account, falsely claiming that her flour contains drugs. Now, Dolly is suing to hold the partnership liable for breach of contract, assault, and defamation.
May the partnership be held liable for each of Dolly’s claims?
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To answer this question, you should think about and discuss whether the partnership may be held liable for breach of Bert’s contract with Dolly, his assault of Dolly, or Ernie’s defamation.
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