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1.If the law suits are successful against HDD will Jack have to pay too?

a.No, because he didn't get to vote on the decision to participate in the festival.

b.No, because no one knew that he had become a partner.

c.Yes, only to the extent of his fifty thousand dollar contribution.

d.Yes, because an incoming partner is personally liable for debts and obligations incurred by the partnership after becoming a partner.

2.Does the fact that there is no written partnership agreement for HDD mean that no partnership exists?

a.No, a partnership may be oral or written.

b.No, a partnership can be implied by the actions of the party toward others.

c.Yes, because no one on the outside can tell if they are partners or not.

d.Both a and b

3.If the law suits are successful, and if HDD does not have enough money to pay for what has been ordered, do the partners have to personally pay the difference?

a.No, because the partnership is considered a person in the eyes of the law and the partners are not personally liable for what the partnership does.

b.Yes, partners are both jointly and severally liable for torts against third parties.

c.Yes, they will each be equally liable for torts against third parties.

d.Yes, because partners are jointly liable for debts of the partnership.

4.Joan and Don feel that they should not be responsible for the customer's damages, because they told all HDD employees never to leave the hotdog boxes lying around the cart. Will this fact get them off the hook?

a.No, because as an agent of HDD the employee's actions are deemed their actions.

b.No, because the act was committed within the scope of employment.

c.Yes, because the employee was acting outside the scope of employment by not adhering to the rules.

d.Both a and b 

5.Joan and Don do not want to continue with the Franchise business with Jack gone.  Is it possible for them to get out of the contracts by claiming they did not know Jack was making them?

a.Yes, because they can show how busy they were at the Festival.

b.Yes, because they can show that they did not authorize Jack to make the contracts.

c.No, because partners are agents of each other and the partnership.

d.No, because contracts entered into on behalf of the partnership are binding on the partnership.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9782700

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