Question
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 |
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