He or she is one who is not really a partner, but is liable as a partner for the protection of innocent third parties.Group of answer choicesContinuing PartnerManaging PartnerOstensible PartnerPartner by Estoppel
Question
He or she is one who is not really a partner, but is liable as a partner for the protection of innocent third parties.Group of answer choicesContinuing PartnerManaging PartnerOstensible PartnerPartner by Estoppel
Solution
To answer the question step by step:
-
Identify the key terms in the question: The key terms here are "not really a partner," "liable as a partner," and "protection of innocent third parties."
-
Understand the definitions of the given choices:
- Continuing Partner: A partner who remains in the partnership after a change in the partnership structure.
- Managing Partner: A partner who is responsible for the day-to-day management of the partnership.
- Ostensible Partner: A partner who appears to be a partner to outsiders but may not actually be a partner.
- Partner by Estoppel: A person who is not a partner but is treated as one because they have represented themselves as a partner or allowed others to do so, leading third parties to rely on this representation.
-
Match the definitions to the key terms:
- The phrase "not really a partner" and "liable as a partner for the protection of innocent third parties" closely aligns with the concept of a Partner by Estoppel. This is because a Partner by Estoppel is someone who is not actually a partner but is held liable as one to protect third parties who were misled by their representation.
-
Conclusion: The correct answer is Partner by Estoppel.
Similar Questions
It is one who, not being a member of the partnership, contracts with a partner with reference to the latter’s share in the partnership.Group of answer choicesSurviving partnerSubpartnerOstensible partnerSecret partner
The liability of the partners for any contract is usually:Group of answer choicesa joint and several liabilityjoint liabilitynil. Partners are not liable for contracts that they did not sign as there is no agency relationship between the partnersdependent on the circumstances. Partners will only be liable to outsiders if the partner who signed the contract had actual authority to do so
In which of the following circumstances will the rest of the partners NOT be liable for the conduct of a partner?Group of answer choicesA partner enters into a contract on behalf of the partnership, which is not expressly required by the partnership agreement, yet is within the scope of the firm’s normal businessAn outsider entered into a series of agreements with a partner in the name of the partnership. The other partners have no knowledge of this partner’s actions and the partner did not have the authority to enter into the agreements. However, the type of agreements entered into could be considered by an outsider to be of a type that such a firm would legitimately have enteredWhile acting within the scope of his/her apparent authority, a partner advises a client of the partnership to invest in a company which the partner knows is a mere shell company. This shell company has no shares, has no bank account and does not engage in business. The client followed the advice of the partner and invested as instructed. The client loses all of his money when the same partner takes the money and goes into hiding. The client seeks compensation in tort from the remaining partnersA partner, who is also a trustee of the firm, improperly employs trust property on account of the partnership without the knowledge of the other partners
Partners who are partners as to each other are partners as to third persons.Group of answer choicesTrueFalse
A general partner is one whose liability to the partnership obligations extends to his personal contribution only.Select one:TrueFalse
Upgrade your grade with Knowee
Get personalized homework help. Review tough concepts in more detail, or go deeper into your topic by exploring other relevant questions.