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partnership

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › partnership

  • This topic has 1 reply, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • June 26, 2016 at 11:38 am #324131
    sasha
    Member
    • Topics: 99
    • Replies: 141
    • ☆☆☆

    when entering into the contract if third party knows a partner has no express authority but entered into contract, then firm is not liable to 3rd party, right ?

    June 26, 2016 at 12:30 pm #324139
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23318
    • ☆☆☆☆☆

    No, not correct. If the third party is aware that the partner is prevented from entering such a contract then only that partner would be liable

    But it’s not up to the third party to make enquiry

    So any third party is safe to assume that any partner has the apparent authority to enter into contracts as agent on behalf of the firm

    Your post has a misguided emphasis “if third party knows a partner has no express authority” should read “if third party knows a partner has neither express nor implied authority ….”

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