He sues Mark and Shania and is awarded $10,000 in damages. Is Shania personally liable?
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Mark and Shania are students who also have a business on the side selling baskets of fruit and vegetables that are cut to look like flowers. They advertise that all ingredients are organic. One day, Mark is in a hurry, and instead of driving across town to the organic food co-op, he purchases ingredients from the closest grocery store, Unsafeway. Hannibal has a chemical allergy, so when he eats fruit from Mark’s basket, he becomes ill. He sues Mark and Shania and is awarded $10,000 in damages. Is Shania personally liable?
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Answer
Mark and Shania are students who also run a partnership business for profit. Mark was acting on behalf of the business and thus the partnership is liable for damage arising from Mark's actions. Hannibal has a right to claim from Shania since she is part and parcel of the partnership. She is liable though she did not commit any wrong herself.
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