Question
a) Tom, Dick and Harry are in a partnership engaged in the business of selling cars. The partners signed an agreement in which no partner
a) Tom, Dick and Harry are in a partnership engaged in the business of selling cars. The partners signed an agreement in which no partner had the authority to enter into contracts exceeding $200,000 without consultation of the other partners. While Tom and Dick were away on a business trip, Harry entered into a contract with Take You for a Ride Company on behalf of the partnership to purchase $300,000 worth of new motorcycles. When Tom and Dick returned, they received a request for the payment of $300,000 from Take You for a Ride Company. Advise the partners whether they are bound by the contract entered into by Harry. (3 marks) b) Tom, Dick and Harry have invested in manufacturing a new car model. They wish to call the car Hondo. The logo for the car is a letter H. Advise them as whether they will be able to protect the name and logo from being used by others and what needs to be done. (3 marks) c) Tom, Dick and Harry are partners. Jack works occasionally for Tom, Dick and Harry when they require extra help. He accidentally drives one of the display cars over the foot of a customer while parking it. The customer wishes to know whether he can sue the partnership for the injury. (2 marks) Mary is the office administrator working for Tom, Dick and Harry. She was assisting the customer at the time and was also injured in the incident. Advise Tom, Dick and Harry whether they owe Mary any duty as employers. (2 marks)
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