A and B operate a textile merchant business in partnership. Mr. A finances the business and is a sleeping partner. In the regular course of…

CA Foundation · Business Laws · PYQS · June 2024
A and B operate a textile merchant business in partnership. Mr. A finances the business and is a sleeping partner. In the regular course of business, B acquires certain fabric goods belonging to C. However, B is aware that these goods are stolen property. Despite this knowledge, B proceeds to purchase and sell some of these stolen goods. Moreover, B records proceeds from these sales in the firm’s books. Now, A wants to avoid the liability towards C, on the grounds of misconduct by B. In the light of the provisions of the Indian Partnership Act, 1932 discuss the liability of A and B towards C.

Suggested Answer and Working Notes:

(a) According to Section 25 of the Indian Partnership Act,1932, every partner is jointly and severally liable for all acts of the firm done while he is a partner. As per section 26, the firm is liable to the same extent as the partner for any wrongful act or omission of a partner while acting: (a) in the ordinary course of the business of the firm, or (b) with the authority of the partners. Section 27 provides that the firm is liable if a partner, acting within the scope of his apparent authority, receives money or property from a third party and misapplies it, or if the firm in the course of its business receives money or property and the same is misapplied while it is in the custody of the firm. In the instant case, both A and B are liable to C for the wrongful acts committed by B. A cannot avoid liability merely on the grounds of being a sleeping partner.

Topics: The Indian Partnership Act, 1932, The Indian Partnership Act, 1932, The Indian Partnership Act, 1932

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