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The property was offered to the partnership. This is apparent because they had discussed the purchase several months prior to Sue’s purchase. A partner who is offered an opportunity on behalf of the partnership cannot take the opportunity for himself or herself unless the partnership rejects the offer. In that case Sue would not hat breeched her duty of loyalty to Tom. In this case Tom did not reject the offer as much as Sue did not wait for his response. If Tom had rejected the offer and stated that he was not willing to purchase the property for the business, Sue could have purchased the property without usurping a partnership opportunity...
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