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Partnership Act - II

Description: Partnership Act-II
Number of Questions: 24
Created by:
Tags: Law Partnership Act-II The India Partnership Act, 1932
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The liability of partners is

  1. individual

  2. joint and several

  3. optional

  4. limited


Correct Option: B
Explanation:

All the partners are jointly and severally liable for the acts of firm. The liability of partners is unlimited.

Which of the following is not an example of misconduct sufficient to dissolve the firm by court?

  1. A partner caught traveling without ticket

  2. Adulterous relations of partner

  3. Fraudulent breach of trust by partner

  4. To come late to office very often


Correct Option: D
Explanation:

All others are examples of misconduct sufficient to dissolve the firm.

At the time of dissolution of firm, ____ debts are settled first out of firm`s property.

  1. outsiders secured

  2. outsiders unsecured

  3. private debts of partners

  4. any of these


Correct Option: A
Explanation:

The debts of outsiders, which are secured, are paid first. The unsecured outsiders, private debts of partners are paid in the order after the above debts.

Which of the following is not the implied authority of a partner?

  1. To employ servant for the firm.

  2. To open a bank account in name of firm.

  3. To pledge goods for borrowing money for firm.

  4. To settle accounts of the persons dealing with firm.


Correct Option: B
Explanation:

A partner cannot open the bank account for firm under his implied authority.

Which of the following is not a statutory restriction on implied authority of partners?

  1. To settle a suit on behalf of firm

  2. To sale the building of firm

  3. To submit a dispute of firm to arbitration

  4. To defend an action against the firm


Correct Option: D
Explanation:

A partner can defend a suit against the firm in the Court. All others are statutory restrictions which can be done by the partners collectively.

The true test to determine the partnership relation is

  1. sharing of profits

  2. sharing of losses

  3. mutual agency

  4. partnership deed


Correct Option: C
Explanation:

The partners should have agency relations among themselves.

Partnership at will continues for

  1. one year

  2. a particular venture

  3. a definite period

  4. an indefinite period


Correct Option: D
Explanation:

The partnership at will continues as much as is the will of partners.

A firm may get registered

  1. at the time of starting only

  2. one month after starting business only

  3. one month before starting business only

  4. any time


Correct Option: D
Explanation:

A firm may get registered any time.

The liability of partners is

  1. individual

  2. joint and several

  3. optional

  4. limited


Correct Option: B
Explanation:

All the partners are jointly and severally liable for the acts of firm. The liability of partners is unlimited.

The act done by a partner under his authority and in the good faith

  1. is binding upon the firm

  2. is binding upon the partner himself

  3. is optional for the firm to assume

  4. does not bind anyone


Correct Option: A
Explanation:

Because of mutual agency relations, the partners can bind the firm provided the act is done in good faith and within authority. The acts done outside the scope of authority are not binding upon the firm.

A notice to the active partner serves like notice to the

  1. partner

  2. firm

  3. world

  4. state


Correct Option: B
Explanation:

A notice to the active partner serves as a notice to firm. However, notice to sleeping or dormant partner is not the notice to firm.

If a minor chooses to become a partner on attaining majority, normally he becomes liable to third parties for the acts of firm from the date

  1. of notice

  2. of his attaining majority

  3. of his admission to partnership firm

  4. as he desires


Correct Option: C
Explanation:

In absence of contrary agreement, he becomes liable for the acts done by firm from the date of his admission.

In absence of any contract, a partner

  1. may be expelled by majority of partners

  2. may be expelled by consent of all other partners

  3. may not be expelled by partners

  4. none of these


Correct Option: C
Explanation:

If there is no such contract between partners, a partner can't be expelled by any number of partners.

The rights and liabilities of an expelled partner

  1. do not arise at all

  2. are as that of active partners

  3. are as that of a retiring partner

  4. are decided by the court


Correct Option: C
Explanation:

The expelled partner has all the rights just as that of retiring partner.

Garner V. Murray case is applicable in case of

  1. insolvency of partners

  2. solvency of partners

  3. dissolution by will

  4. none of these


Correct Option: A
Explanation:

Garner V. Murray case is applicable in case of insolvency of partners. As per ruling of this case, the solvent partners must make up the deficiency of insolvent partners in the ratio of their capital which stands to the credit of their account just before dissolution.

A, B and C were partners in a firm, in which only A has made contribution as capital. A dies and his wife claimed to be partner in his place. B has objection against it. In this case,

  1. his wife can become the partner

  2. the firm will have to dissolve

  3. A and Mrs. B can become partners

  4. none of these


Correct Option: B
Explanation:

A new partner cannot come without the consent of all existing partners. The firm is to dissolve on ground of death of a partner.

The liability of each partner of a firm is

  1. unlimited

  2. limited

  3. reasonable

  4. as decided by the court


Correct Option: A
Explanation:

The liability of partners is unlimited. The members of a joint stock company enjoy limited liability.

The deficiency on account of insolvency is borne by the solvent partners in ________ ratio(s).

  1. equal

  2. profit sharing

  3. capital

  4. any of these


Correct Option: C
Explanation:

As per Garner V. Murray case, the deficiency is borne in capital ratio just before dissolution.

A firm does not enjoy

  1. limited liability

  2. perpetual succession

  3. transferability of shares

  4. all of these


Correct Option: B
Explanation:

The firm does not enjoy perpetual succession. The joint stock company enjoys all these features.

The amount brought by incoming partner in addition to his capital is called

  1. goodwill

  2. gift

  3. premium

  4. capital


Correct Option: C
Explanation:

The amount in addition to capital is called premium.

If a partnership continues to run even after completion of particular venture for which it is formed, it becomes

  1. illegal partnership

  2. co-ownership

  3. unlimited company

  4. partnership at will


Correct Option: D
Explanation:

It becomes partnership at will.

Who among the following partners cannot bind the firm by his acts?

  1. Active partner

  2. Minor partner

  3. Sub-partner

  4. Nominal partner


Correct Option: C
Explanation:

Sub-partner can not bind the firm by his acts. Active partner actively participates in the business. Nominal partner only lends his name to firm. Minor can be admitted to partnership with the consent of partners. All these can bind the firm by their acts.

Which of the following is not a liability of a minor partner?

  1. No personal liability for the acts of firm.

  2. It is limited to the extent to his share in property of firm.

  3. He is not liable even in insolvency of firm.

  4. He has unlimited liability.


Correct Option: D
Explanation:

The minor cannot become insolvent and his liability cannot be made unlimited.

The acts done by partner under his implied authority are not applicable if

  1. acts are done in his capacity as partner.

  2. acts are related to firm's business.

  3. acts are done in the name of firm.

  4. acts are done in personal capacity.


Correct Option: D
Explanation:

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