Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1.AandBformed apartnershiptoexploitafishpondandthereaftertodivideit betweenthemintotwo(2)equalparts. Succeedingeventsrevealtheintent ofbothpartiestoterminate thepartnershipbyrefusingto share the fishpond with the other - in direct violation of the undertaking for which they haveestablished their partnership

1.AandBformed apartnershiptoexploitafishpondandthereaftertodivideit betweenthemintotwo(2)equalparts. Succeedingeventsrevealtheintent ofbothpartiestoterminate thepartnershipbyrefusingto share the fishpond with the other - in direct violation of the undertaking for which they haveestablished their partnership - which resolution they articulated in letter to each other. Should thepartnershipbeconsidereddissolved?Explain

.2. A withdrew as a partner from partnership X. It was the intention and understanding of the parties thatA was relinquishing all his rights and interests in the partnership upon the return of all his investment,subject to the condition that A was to be repaid within three (3) days from the date the settlement wasagreedupon.Thisconditionwasfulfilledwhenonthefollowingday,Awasreimbursedtheamountduehimundertheagreement.IsAentitled toprofitsofthe partnershipatthetimeof dissolution?Explain.

3.Whenapartnershipforafixedtermorparticularundertakingscontinuedaftertheterminationofsuch

term or particular undertaking without any express agreement, what shall govern the rights and dutiesof thepartners?

a. Therightsand dutiesofthepartners remain the sameasthey wereat suchtermination, so farastheyare consistentwithapartnershipatwill.

b. Thepartnershipshall beliquidatedbecausethereis dissolutionofthe partnership.

c. Thepartnershipshall notbecontinued.

d. Thepartnershipshall be governedbytherules onco-ownership.

4.Which ofthefollowingisNOTaninstancewherein

ageneralpartnershipmaybedissolvedbyadecreeof courtupon application byapartner,oralsoknown asnon-automaticcausesof dissolution?

5.Whoshallhave theright orauthorityto liquidateor windup thepartnership affairs?

6.Indicatethepropertyorderonpriorityofclaimsagainsttheseparatepropertyofadebtorwhoisinsolventorwhoseestateis insolvent.

I. Thoseowing toseparatecreditors

II. Thoseowing topartnershipcreditors.

III. Thoseowing topartnersbywayofcontribution

a. I-II-III

b. II-I-III

c. III-II-I

d. I-III-II

7.When mayapartner,hislegalrepresentative,orassigneeaskforliquidationorwindingupofpartnershipaffairs bythecourt?

a. Whenthereis no agreementasto whoshall wind upthepartnershipaffairs

b. Whenthereis no violationofarticlesofco-partnership

c. Whensaidpartner violatedthearticlesofco-partnership

d. Whensaidpartnerorlegalrepresentativeorassigneeshowsvalidcauseforliquidation

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Tort Law Text Cases And Materials

Authors: Jenny Steele

5th Edition

0198853912, 978-0198853916

More Books

Students also viewed these Law questions