The document discusses acts by partners that do and do not bind a partnership. It states that a partnership is not bound when a partner acts without authority and the third party dealing with them is aware of this. Additionally, acts by a partner not apparently for carrying out usual business do not bind the partnership, unless the other partners authorized the act. The document lists several acts of strict dominion that one or some partners have no authority to perform, such as assigning partnership property in trust or disposing of goodwill, without specifying exceptions.
The document discusses acts by partners that do and do not bind a partnership. It states that a partnership is not bound when a partner acts without authority and the third party dealing with them is aware of this. Additionally, acts by a partner not apparently for carrying out usual business do not bind the partnership, unless the other partners authorized the act. The document lists several acts of strict dominion that one or some partners have no authority to perform, such as assigning partnership property in trust or disposing of goodwill, without specifying exceptions.
The document discusses acts by partners that do and do not bind a partnership. It states that a partnership is not bound when a partner acts without authority and the third party dealing with them is aware of this. Additionally, acts by a partner not apparently for carrying out usual business do not bind the partnership, unless the other partners authorized the act. The document lists several acts of strict dominion that one or some partners have no authority to perform, such as assigning partnership property in trust or disposing of goodwill, without specifying exceptions.
(1) The partner has in fact no authority to act; and (2) The person with whom he deals has knowledge of such fact [Art. 1818, par. 1]. ACTS NOT APPARENTLY FOR CARRYING ON OF THE USUAL BUSINESS General rule: Acts of a partner which is not apparently for carrying on of the usual business does not bind the partnership. Exception: The partnership is bound if the other partners authorized him to do the act [Art. 1818, par. 2]. ACTS OF STRICT DOMINION General Rule: One or some of the partners have no authority to do the following acts of strict dominion: (1) Assign the partnership property in trust for creditors or on the assignee’s promise to pay the debts of the partnership; (2) Dispose of the goodwill of the business; (3) Do any other act which makes it impossible to carry on the ordinary business of the partnership; (4) Confess a judgment; (5) Enter into a compromise concerning a partnership claim or liability; (6) Submit a partnership claim or liability to arbitration; (7) Renounce a claim of the partnership.