partner - liable as the transaction would be likely to be...

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10 Sam has clearly used his powers for an unauthorised purpose. Unfortunately for the other partners they cannot repudiate his transaction with the bank, even although it was outside his actual authority. The reason being that it is within his implied authority as a partner to enter into such a transaction. As a trading partnership, all the members have the implied authority to borrow money on the credit of the firm and the bank would be under no duty to investigate the purpose to which the loan was to be put. As a result the partnership cannot repudiate the debt to the bank and each of the partners will be liable for its payment. It has to be stated, however, that Sam will be personally liable to the other partners for the £10,000 and as a further consequence of his breach of his duty not to act in any way prejudicial to the partnership business, the partnership could be wound up. Tam’s purchase of the used cars was also clearly outside of the express provision of the partnership agreement. Nonetheless the partnership would be
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Unformatted text preview: liable as the transaction would be likely to be held to be within the implied authority of a partner in a garage business ( Mercantile Credit v Garrod (1962)). Once again Tam, the partner in default of the agreement, would be liable to the other members for any loss sustained in the transaction. As regards the payment for the petrol, that is clearly within the ambit of the partnership and the members are all liable for non-payment. If the partnership cannot pay the outstanding debts then the individual partners will become personally liable for any outstanding debt. Although under s.9 of the Partnership Act 1890 partnership debts are said to be joint, the Civil Liability Act 1978 provides that a judgement against one partner does not bar a subsequent action against the other partners. Once the debts owed to outsiders have been dealt with, then the internal financial relationships of the partners amongst themselves will be dealt with according to the partnership agreement....
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