2. Liabilities of General Partners to Third Parties Flashcards
Is a general partner liable for the torts of another?
The general partnership is liable for each partner’s torts in the scope of partnership business and for each partner’s authorized contracts.
Liability of a general partner
Each General Partner is Personally Liable for All Debts of the Partnership and for each co-partner’s torts
Incoming partner’s liability for pre-existing debts
As a rule, incoming partners are generally not liable for those prior debts, but any money paid into that partnership can be used to satisfy those prior debts.
Dissociating (withdrawing) partner’s liability for subsequent debts
A dissociating partner retains liability on future debts until
1. Actual notice of their disassociation is given to all know creditors, and
- Publication notice is given to all potential creditors
General Partnership Liability by Estoppel
One who represents to a third party
that a general partnership exists will be liable as if a general partnership exists.