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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- Spring '11
- Debt, partner, partnership agreement