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Problem solving questions - Essay Example

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Problem solving questions. 1. Business entity question Issues: What steps should Jody take to enter into partnership with Mike and Sarah and what are the risks involved in investing her inherited money in a hair dressing salon along with Mike and Sarah as other partners without capital and without a written agreement?…
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Download file to see previous pages It includes also an incorporated limited partnership. Once a partnership is formed, every partner becomes the agent of the firm and other partners in relation to the business of the firm. Thus, every act of partner for the purpose of business except in the case of incorporated limited partnership shall bind the firm and other partners provided the partner acts within his authority to act for the firm in specific cases and the person whom the partner is dealing with believes him to be the partner having authority. In other words, if the person dealt with by the partner knows that the partner has no authority, his acts cannot bind the firm nor other partners. The same holds good in respect of a general partner vis-a-vis the firm and other general partners. Section 13 (1) of the Act lays down that all partners except in the case of an incorporated limited partnership are liable jointly and severally for the liabilities of the firm that have risen whilst being partners. S 13 (2) if the partner who is an individual dies, his/her estate is severally liable for the liabilities of the firm after satisfaction of his/her separate debts. Same holds good in case of incorporated limited partnership for a deceased general partner. The general partner of an incorporated limited partnership is liable only in respect of unsatisfied liabilities of the firm or more as per the partnership agreement. ...
As the partnership business is in common, the partners should disclose material facts that affect their partnership failing which it would amount to misrepresentation on the part of those who fail to do so. Further, a retiring partner can by a condition of restraint of trade be prohibited to start a competing business within the locality for a pre-determined period. Further, a partnership contract cannot be assigned (Gilles, 1988). Application In view of the above important provisions governing partnership business, Jody whose capital will be at stake must have the partnership agreement reduced to writing. And Jody must be entitled to a proportionately higher share of profit and reserve to herself the right to take important decisions in day to day management. This does not mean the other partners are not liable to loss that may occur due to Jody’s decision making. Conclusion Jody can enter into partnership with Mike and Sarah keeping in view of the limited capital or no capital Mike and Sara may bring in and also have an agreement in restraint of trade on the retiring partners including Jody herself. Consequences The proposal to enter into partnership agreement among Jody, Mike and Sarah will be viable subject to the above conditions therein. 2. Tort- negligent misstatement Issues: Whether Amy can sue Betty for her wrong advice tendered to Amy as a result of negligent misstatement? Law and cases: In order to prove negligence on the part of defendant, claimant should satisfy three conditions. That defendant had a duty of care to the claimant; this was breached by the defendant; that the damage caused by the breach of duty was ...Download file to see next pagesRead More
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