Decided to combine their lawn-mowing services

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Fred and Barney, who live in the State of Rudelphia (which has adopted RUPA), decided to combine their lawn-mowing services. Although they never addressed it specifically, each was under the impression that the other served somewhere between 90 and 110 customers, and the split of the profits was to be fifty-fifty. On Monday, Fred said to Barney, "Before we shake on the deal, let me run it by my wife Wilma." That evening, Wilma said to Fred, "We've been supporting my brother, Talcum, on your income, and I don't know if Barney will agree to that." On Tuesday morning, Fred, who had 105 customers, told Talcum that he could have 25 of those customers so that Talcum could support himself. Fred and Barney later shook on the deal, but Fred did not disclose that he had given away ten of his customers. Nevertheless, the split of the profits was still fifty-fifty. If and when Barney were to find out about this, what is the most likely result of a claim for breach of fiduciary duty against Fred?

Reference no: EM133812234

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