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Gar, Mur and Wil were partners in the firm, sharing profits and losses equally. The capitals are not equal. There was no partnership deed. The

Gar, Mur and Wil were partners in the firm, sharing profits and losses equally. The capitals are not equal. There was no partnership deed. The firm dissolved on June 30,2020. The position was as follows, after dissolution:
Balance Sheet
As at June 30,2020
$ $
Assets
Cash 1916
Wil Capital 263
Loss on realisation 635
Total Assets 2814
Liabilities
Gar Capital 2,500
Mar Capital 314
Total liabilities 2814
Will became insolvent and could not pay anything against the capital deficiency.
Required:
A. Explain the decision that may be taken due to Wills insolvency. Show workings to
support your response. (8 marks)
B. In such a case, how the deficiency would be treated by the insolvent partners capital account? (2 marks)
C. Prior to the Garner VS. Murrays rule, Mur had raised an objection and claimed that the loss is a capital loss and not a business loss. Therefore such loss due to capital deficiency of a partner to be borne in capital ratio and not in profit sharing ratio. In court, Mur got the decision in his favour. Explain FOUR (4) points in the Garner Vs Murray decision. (10 marks)

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