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Chapter 2 - Gwu

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Fiduciary Obligations of Partners<br />

� Facts<br />

Meinhard v. Salmon<br />

� The 1902 agreement: How Salmon and Meinhard shared<br />

responsibilities<br />

� The 1921 opportunity (offered by Gerry)<br />

� Questions<br />

� Why is Meinhard a partner and not a lender (compare to Martin v.<br />

Peyton)?<br />

� Does Cardozo conclude that Salmon has to inform Meinhard about the<br />

opportunity?<br />

� Does Cardozo conclude that Salmon has to share the opportunity with<br />

Meinhard? What language might be relevant to this question?<br />

� What hypothetical changes in the current or future project might have<br />

made the new project seem beyond the scope of the partnership?<br />

(c) 2004 39

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