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What kind of small business organization might Stu have set up and what are the differences between the possible types?

Description

Rush Inuit is an impulsive, fly-by-the-seat-of-his-pants kind of guy. His best friend, Stu Earley, is the exact opposite – cautious and reluctant. The two are recent UNCG graduates who roomed together all … ahem … eight years. You know who they are even though they graduated last year because everyone on campus knows Rush and Stu – they’re legends on the social scene.

To make ends meet during college, Rush and Stu organized fun trips to exciting destinations and charged other college students a flat fee to go. They charged the students more than the trips cost to organize, so they always turned a profit. Rush supplied the ideas about where to go and what to do, and he served as the emcee for all the events. Stu, meanwhile, handled all the more mundane things, like reservations and logistics.

Now out of college (finally!) and unwilling to take a “boring job” like their friends, Rush and Stu are aiming to hit it big as entrepreneurs. Rush has his mind set on starting a party bus business that operates like Lyft and Uber. Just click a few buttons on an app and a party bus arrives, fully stocked with adult beverages, cool couches, and ad-free Spotify music. What’s not to like? Stu thinks the idea is brilliant, but feels strongly that they need to find someone with money to help them get the drivers, buses and marketing together before they get started.

Frustrated with one another after their last meeting, Rush and Stu both jumped into action. Rush decided that he needed to show Stu how easy this would be so that Stu would quit dragging his feet. Stu, on the other hand, decided he needed to show Rush he could pull in some additional capital so that Rush would be more patient.

The two now sit in your conference room arguing at the top of their lungs. The only thing that breaks up the cacophony is their periodic pleading for your guidance. Realizing there’s no way you can get anywhere with them arguing, you put them in separate rooms and talk with each separately to ascertain what’s going on. Here’s what you’ve learned.

Their Questions

Here are the questions on which Rush and Stu want your advice. They know it’s a tangled web, so they’re keen to have you explain and apply all the possible law that is relevant.

What kind of small business organization might Stu have set up and what are the differences between the possible types?

Is Ill gotten a part of the business? In the event that he is, can he really have 50% of the decision making power and 50% of the profits? Who owns what’s left of the bus and who’s responsible for paying back the car loan?

What is Minnie’s relationship with the business and what authority did that relationship give Minnie? Did the nature of that authority change at all over the course of the evening? What duties did Minnie’s relationship with the business create between her and Rush? Did she or Rush fail to live up to any of these duties?

Who is responsible for the things that happened before Rush messaged Minnie that she was fired: Minnie’s driving the bus without a proper license, the underage drinking on the bus, the car Minnie scraped during the first trip, the car she scraped when she got gas and beer, and Minnie’s drinking while driving?

Who is responsible for the things that happened after Rush messaged Minnie that she was fired: the obnoxious person’s leg injuries, Minnie’s subsequent punching of that person, and the burned up Bugatti?