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Chi, Di and Fi formed an ordinary partnership to run an art gallery. Each of them paid £100,000 into the business.
As Fi had no prospect of raising any more money it was agreed between them that her maximum liability for any partnership debts would be fixed at her original contribution of £100,000. The partnership agreement specifically restricted the scope of the partnership business to the sale of 'paintings, sculptures and other works of art.' In January 20X0 Chi took £10,000 from the partnership's bank drawn on its overdraft facility.
She had told the bank that the money was to finance a short-term partnership debt but in fact she used the money to pay for a holiday. In February Di entered into a £25,000 contract on behalf of the partnership to buy some books, which she hoped to sell in the gallery.
Required
(a) State whether all three partners are liable to repay the overdraft created by Chi
(b) State the type of authority Di had to purchase the books
(c) State the liability of Fi for the partnership's debts
答案：
(a) Chi has taken money from the firm's bank account to use for a personal holiday. However, as a partner, and in the absence of any specific mention to the contrary in the agreement, she has authority to withdraw money from the bank account. Her action has therefore incurred a debt to a third party that is owed by all three partners, not just herself.
(b) The partnership agreement specifies that the partnership should only sell paintings, sculptures and other works of art, so Di did not have actual authority to undertake this contract. However, the third party is not privy to the partnership agreement so is not aware that the contract is beyond the scope of the partnership.Therefore, Di has apparent authority to undertake the contract on behalf of the other partners.
(c) Because both the overdraft and contract for the books are binding on the partnership all three partners arepersonally liable if the partnership does not have sufficient funds to pay them. Fi is jointly liable for the debtsof the partnership to the third parties. However as the partnership agreement limits her liability to £100,000she will be able to claim any amount over this from Chi and Di.
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