Question: please just answer briefly and answer all 29. Section 32 PA provides that if a partner, without the consent of the other partners, carries on
please just answer briefly and answer all
29. Section 32 PA provides that if a partner, without the consent of the other partners, carries on any business of the same nature as and competing with that of the firm, he must not account for and pay over to the firm all profits made by him in that business.
- True
- False
30. It is necessary to identify whether a property used by the firm is a partnership property or a personal property of the partners. This is important because of the interest of the partners themselves and the interest of the creditors of the firm. In terms of the interests of the partners, if there is an increase in the value of the partnership property the firms assets will increase as well, however, if the property belongs to a partner then only the partner alone would benefit from such increased. Where creditors are concerned, if they obtained a court judgment against a partner, they can make the property liable, however this cant be done if the property belongs to firm.
- True
- False
31. In determining what constitutes partnership property, the court will refer to the following circumstances:-
- Agreement between the partners (express or implied);
- In the absence of agreement look at the intention of the partners whether they intend to treat the property as partnership property; or
(iii)If no such intention can be inferred the property belongs to the partner in question and not the firm.
(iv)Agreement between the partners and the third party.
- (i)
- (i) and (ii)
- (i) and (ii) and (iii)
- (i) and (ii) and (iii) and (iv)
32. In most cases, where the partnership agreements is silent on the ownership of a property, the court will normally hold that the property belongs to the individual partner unless business efficacy demands that the property be regarded as partnership property: Miles v Clarke (1953) 1 All ER 779.
- True
- False
33. Section 22(1) PA defines partnership property as all property and rights and interests in property originally brought into the partnership stock or acquired, whether by purchase or otherwise, on account of the firm or for the purpose and in the course of the partnership business, are called in this Act partnership property and must be held and applied by the partners exclusively for the purpose of the partnership and in accordance with the partnership agreement.
- True
- False
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
