Was just having some trouble with my law assignment, here’s an excerpt.
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Sue has recently been engaged by a plaintiff that is suing an oral surgeon, Dr. Den Ist, for a variety of torts, including battery. Sue has made some preliminary enquiries and she understands that Dr. Ist is a big spender, and is nearly insolvent as a result. Sue understands that Dr. Ist practices in a dental office in Hamilton, Ontario, along with several other oral surgeons (each of whom is quite wealthy, unlike Dr. Ist). The office has a sign on the door that reads “Walk-in Dental Office”. Sue has learned that each of the oral surgeons bill their own patients. Their invoices have only their own name at the top, and they each have their own separate bank account. Sue has also learned that they share equally the rent and the cost of the receptionist. If one of the oral surgeons gets too busy to see one of his or her patients, (s)he passes the patient over to one of the other oral surgeons, and the two of them share what the client is billed (20% going to the referring oral surgeon, and 80% going to the oral surgeon treating the patient).
What a I basically have to figure out if it’s partnership or not that would make the other partners liable and sue can sue.y
I’m inclined to believe it’s not a partnership since they aren’t exactly sharing revenues and the other oral surgeons are more like agents.And remuneration of agents doesn’t qualify as a partnership.But I’m still not sure, is it one of those grey area assignments where you can argue any point? HELP!
I just noticed the person’s named Sue Ahm.. is the prof sending us a hint? “Sue em”?