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A, B, C are active partners in the firj retires without giving public notice retirement. 'B' and 'C' carries on the business of the firm, and incurs liability. In this case___
  • a)
     'A' is also liable
  • b)
    Only 'B' & 'C are liable
  • c)
    Firm will be deemed to be dissolved
  • d)
    Only 'A' is liable
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
A, B, C are active partners in the firj retires without giving public ...
A retiring partner who was an active partner is liable for all acts of the firm until the date of public notice.
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A, B, C are active partners in the firj retires without giving public ...
Understanding Partnership Liability Upon Retirement
In a partnership, the responsibilities and liabilities of partners are interconnected. When a partner retires without giving public notice, their obligations do not simply vanish. Here’s a detailed breakdown of why option 'A' is correct:
1. Legal Principles of Partnership
- In a partnership, all partners are jointly liable for the debts and obligations incurred during the partnership.
- Retirement without public notice does not release the retiring partner from liability for debts incurred while they were a partner.
2. Effects of Retirement Without Notice
- When A retires and does not notify the public, they remain liable for any liabilities incurred by the firm after their retirement, especially if third parties are unaware of their departure.
- This is critical because partnerships operate on the principle of mutual agency, where each partner can bind the firm and the other partners.
3. Implications for B and C
- B and C can continue the business and might incur new liabilities.
- However, A is also liable for these liabilities since they did not provide notice of retirement, meaning creditors can seek payment from A as well.
4. Conclusion
- Therefore, in this scenario, even though A has retired, they remain liable for the debts incurred after their retirement due to the lack of public notice.
- This ensures that creditors have a recourse for repayment, maintaining the integrity of the business's obligations.
In summary, the correct answer is 'A,' as A remains liable for the firm’s obligations incurred after their retirement without public notice.
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A, B, C are active partners in the firj retires without giving public notice retirement. 'B' and 'C' carries on the business of the firm, and incurs liability. In this case___a)'A' is also liableb)Only 'B' & 'C are liablec)Firm will be deemed to be dissolvedd)Only 'A' is liableCorrect answer is option 'A'. Can you explain this answer?
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