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Dave had a duty to Pal to not act negligently and he violated that duty. Ejecting a paint can into the street was the actual and proximate cause of Pals harm. Pal was contributorily negligent and if this is a contributory negligence state, Daves liability is limited to 50% as a result. It is close but on these facts, Dave is an I.C. Pal's lawyer should try to sue the LLP but his chances of success are small. Ben is a 30% owner of the LLP and had "apparent authority" to buy a truck. Cal owed his LLP a "first right of refusal" on his deal and breached his fiduciary duty to the LLP. A lawyer can become a member of an LLP. His "contribution" to the capital of the LLP is his "sweat equity", that is, doing it's legal work.
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