- 18 - supermarket. Some other potential uses listed in the offering were various lubricants for high-speed or high-temperature machinery, pharmaceuticals, cooking oils, disinfectants, polishing waxes, corrosion inhibitors, candles, animal feed supplements, and fertilizer. Being a physician, it seems logical that petitioner would have had some access to information about the use of jojoba in the pharmaceutical arena; however, petitioner failed to pursue this possibility. Petitioners' failure to investigate any of the other enumerated potential uses of jojoba plants was unreasonable under the circumstances. Petitioners had no legal or agricultural background or training; yet they consulted no source of such information before agreeing to invest more than $30,000 in Blythe II.11 At a minimum, petitioners could have contacted an attorney to review the offering, provide legal advice surrounding the partnership, and explain the legal ramifications of the licensing agreement's canceling out the R&D agreement. A reasonable and ordinarily prudent investor under the circumstances would have consulted an attorney. Also, petitioners could have taken the simple step of contacting the agricultural department of a nearby college or university, or going to another reliable source, to inquire about 11 As stated previously, it is unclear from the record whether petitioners completed the payments provided for in the promissory note; however, at the very least, they paid $10,000 and legally committed themselves to pay the remaining $23,920.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011