The document discusses several questions related to partnership law. It describes scenarios involving partners Einstein, Galileo, Darwin, Newton, Fleming, Curie, Edison, Bohr, Aristotle, Bell, and Curie. It asks who would prevail in decisions, whether firms can recover property or debts, how payments should be applied, and whether partnerships are formed in certain situations. The answers provided analyze these issues based on partnership laws and principles around authority, consent of partners, fiduciary duties, and entitlement to profits.
The document discusses several questions related to partnership law. It describes scenarios involving partners Einstein, Galileo, Darwin, Newton, Fleming, Curie, Edison, Bohr, Aristotle, Bell, and Curie. It asks who would prevail in decisions, whether firms can recover property or debts, how payments should be applied, and whether partnerships are formed in certain situations. The answers provided analyze these issues based on partnership laws and principles around authority, consent of partners, fiduciary duties, and entitlement to profits.
The document discusses several questions related to partnership law. It describes scenarios involving partners Einstein, Galileo, Darwin, Newton, Fleming, Curie, Edison, Bohr, Aristotle, Bell, and Curie. It asks who would prevail in decisions, whether firms can recover property or debts, how payments should be applied, and whether partnerships are formed in certain situations. The answers provided analyze these issues based on partnership laws and principles around authority, consent of partners, fiduciary duties, and entitlement to profits.
Q4) Einstein, Galileo and Aristotle are partners in a real
estate firm. A parcel of land in the name of the firm is sold
LAW ON BUSINESS AND REGULATIONS (LAW2) by Einstein without authority, in the name of the firm to Darwin. Can the firm recover the property from Darwin? Questions and Quizzes: My own ans: The partnership is bound and Einstein and Galileo can go after Einstein
QUIZ 2 Q5)No demand is necessary to put a partner in default of
his obligation to pay his contribution in the partnership Q1) OMG Company is a partnership engaged in the capital restaurant business with Einstein, Darwin, Galileo, Newton, Fleming, Curie and Edison as partners. Einstein contributed P10k, Darwin P20k, Galileo P30k, Newton P40k, Fleming P100k, Curie P200k, and Edison P300k. No one is appointed manager of the partnership. In the Q6) Darwin owes P3000.00 to YES Company, a course of the partnership, Einstein proposed to buy a partnership composed of Einstein, Galileo, Newton, Bohr delivery truck from TRUCK Co. but his proposal was and Fleming with Einstein as the manager who is opposed by Darwin. A voting among partners took place authorized to collect all credits of the firm. Darwin also and Galileo, Newton, and Fleming sided with Einstein owes Galileo the amount of P5, 000.00. Both debts are while Curie and Edison sided with Darwin. Whose already due. Darwin gives P3, 000.00 to Galileo in decision will prevail? payment of his debt to the latter. Galileo thus issues his own receipt. My own ans: The decision of Curie and Edison and Darwin. Under the law, all partners must agree about the proposal of 1 partner. Q2) when a partner is not authorized to act for the partnership and the act of the partner is not for apparently carrying on the usual way of business, the partnership shall be bound by the act of such partner if the 3rd person was not aware of the partner’s lack of authority. Q7) Galileo was driving the delivery truck of the firm when he rammed it into an electric post resulting in damages amounting to P30,000.00. To make up for the accident, Galileo worked long hours for the firm and was able to increase its sales from P3M to P17M. Galileo's Q3) Galileo and Darwin have been partners for 3 years in lawyer argued that his client is no longer liable for the car sales business. At the start of the 4th year, Galileo damages to the firm because he was able to generate assigned his interest of the partnership to Aristotle, but unusual revenues for the firm through extraordinary Darwin objected on the ground that he did not want efforts. Decide. Aristotle to be his partner. Einstein, Galileo and Aristotle My own ans: Galileo is still liable for damages even he are partners in a real estate firm. A parcel of land in the is in a good faith. name of the firm is sold by Einstein without authority, in the name of the firm to Darwin. Can the firm recover the Q8) Bohr, Curie, Dalton, Einstein and Aristotle are property from Darwin? partners in a construction firm with Bohr as managing partner. Darwin is indebted to Bohr in the amount of P30, 000.00 and to the partnership P15, 000.00. Both debts are due and demandable. Darwin paid Bohr P3, 000.00. If Bohr issued a receipt in his own name, how should the amount of P3, 000.00 be applied? My own ans: It should be applied to his debts into partnership QUIZ 1 partnership. Which of the following property/ies mentioned above not owned by the partnership? Q1) Bohr, Edison, and Dalton are partners of BED Enterprises. Under their contract of partnership Bohr and Edison are capitalist partners while Dalton is the industrial partner. Which of the following statements is not incorrect:
Q6) Galileo and Fleming are close friends. Galileo is
engaged in a turo-turo business. Fleming gave him the amount of P17,000.00.Suppose Fleming gave Galileo the amount to help in the finances of the expansion of the latter’s business with an agreement that Fleming would be Q2) Explain briefly the concept of fiduciary relationship entitled to at least 30% of the profit as payment of the in partnership: amount given, is a partnership formed between the two? My own ans: Built with trust and confidence. No one can My own ans: No. There is no partnership formed because become a partner without the consent of everybody. this is in payment of its debt to Fleming. Q4) Bohr, Edison, and Dalton are partners of BED Enterprises. Not yet having established a credit standing, the three partners requested Bell, a well-known businessman, to help them negotiate a loan from Curie, a money lender. With the consent of all partners, Bell represented himself as a partner of BED Enterprise. Thereafter, Curie granted a loan in the amount of P170,000.00. Assuming that BED Enterprises was unable to pay the loan since on the due date, the assets of the partnership amounted only to P150,000.00. Curie filed a case for collection of the remaining P20,000.00 from the separate assets of the partners including Bell. Bell invoked non-liability on the ground of he is not a partner but a guarantor. If you were the judge, how would you decide the case? My own ans: Under the law. If you represent yourself as part of the partnership then you will be part of the liability of the partnership Q5) Einstein and Darwin entered into a universal partnership of all present property. At the time of the agreement, Einstein had a 3-door apartment which he inherited from his father a year earlier. Darwin on the other hand had a fishpond which he acquired by sale. During the first year of the partnership, rentals from the 3-door apartment amounting to P500,000 were collected while the fish harvested from the fishpond were also sold for profit. During the same period, Darwin received by way of donation a vacant lot from his uncle. The partners had a stipulation that future property shall belong to the