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Do partnership liabilities apply to contracts entered by partner on behalf of the partnership?

1 Answer

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Final answer:

Partners in a partnership are liable for contracts entered into by individual partners on behalf of the partnership. In general partnerships, this liability can extend to personal assets. Limited liability partnerships offer some protection, but partners are still responsible for each other's business-related actions and debts.

Step-by-step explanation:

Partnership Liabilities and Contracts

Partnership liabilities do apply to contracts entered by a partner on behalf of the partnership. When a partner acts within the scope of the authority given by the partnership, their actions bind the partnership, potentially involving all partners in the liability. In a limited liability partnership, partners' liabilities are generally limited to their investment in the company, protecting personal assets.

However, there are main disadvantages to partnerships, particularly the general partnership structure. One disadvantage is that partners are responsible for each other's actions, including debts and misconduct. This personal liability means that partners can face losses extending to their personal assets if the partnership cannot cover its debts or liabilities.

In the case of a partnership, continuity can also be an issue. If a partner departs due to resignation or death, the original partnership structure ceases to exist and must be reformulated, which can affect the legality and standing of ongoing contracts and incurred liabilities. It's essential to consider these factors when entering into a partnership agreement.

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User Shimon Wiener
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