relationships with TPs Flashcards
what is the relationship between a partner and the P
agency
actual authority
partner can bind P w/ express or implied authority
apparent authority
partner must perform act in OCOB
when can a TP not hold the partnership liable?
TP knew the partner lacked authority
how would you transfer partnership property titled in the partnership’s name
instrument of transfer in P name
how would you transfer partnership property titled in the a partner’s name
instrument of transfer in 1+ partner’s names
when can you get property back that was transferred w/o authority?
if P interest was indicated in transfer instrument
OR
transferee aware property belonged to P and partner did it without authority
what if a partner commits a tort on a TP?
P liable if it was committed in P OCOB or with P authority
what if the partnership is liable in suit?
partnership liable
partners jointly and severally liable
how would a creditor reach a partner’s assets?
need judgment against them personally