[Skateboard Growth] Both Tyler and Byron were presidents of small corporations involved with manufacturing and selling skateboards. Tyler's store was called "Thrasher Skateboard" and Byron's business was called "Skateboard for Health." Because a large sports store was coming into town, they, along with the boards of directors of the two companies and all shareholders, decided that it would be a good idea to combine the businesses. They decided to retain the name "Skateboard for Health." However, Tyler was concerned with the change because, on behalf of his company, he was contemplating filing a lawsuit against Sean who had purchased 10 custom skateboards and had not paid for them. He was excited, however, about the prospect of not being liable for a lawsuit he expects to be filed by Alec
who fell and sustained a serious ankle sprain and medical bills when a wheel came off of a skateboard sold by Tyler's corporation. After investigation, Tyler is aware that the wheel was negligently attached to the skateboard. Tyler told Byron that one reason he wanted to retain Byron's name was to prevent Alec from being able to recover against him.In most states, which of the following is true regarding Tyler's concern that Sean could not be sued for the price of the skateboards?
A. Sean can be sued only if Sean purchased the skateboards within 30 days of the joining of the businesses.
B. Sean cannot be sued if Sean purchased the skateboards within 30 days of the joining of the businesses.
C. The right to sue Sean would not be lost by the joining of the corporations.
D. Sean cannot be sued unless Sean approves in writing the joining of the businesses.
E. Sean can be sued only if Sean is notified by certified letter of the joining of the businesses.
Answer: C
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