E the two circumstances under which Rule of Garner vs. Murray can not ...
Under which Rule of Garner vs. Murray cannot be applied?
The Rule of Garner vs. Murray cannot be applied under the following two circumstances:
1. When the partnership deed specifies a particular method of distribution of assets in case of dissolution.
2. When the partners have mutually agreed upon a specific method of distribution of assets in case of dissolution.
Basic presumption in Maximum Loss Method and Proportionate Capital Method of Piecemeal Distribution among the partners
The basic presumption in both Maximum Loss Method and Proportionate Capital Method of Piecemeal Distribution among the partners is that the partners are entitled to a share of the assets in proportion to their respective capital contributions.
When is it equitable to distribute cash among the partners in their profit sharing ratio without following Maximum Loss Method /Proportionate Capital Method of Piecemeal Distribution among the partners?
It is equitable to distribute cash among the partners in their profit sharing ratio without following Maximum Loss Method or Proportionate Capital Method of Piecemeal Distribution in the following circumstances:
1. When the partnership deed specifies a different method of distribution of cash in case of dissolution.
2. When the partners have mutually agreed upon a specific method of distribution of cash in case of dissolution.
3. When there is not enough cash to pay off all the liabilities of the partnership, and it is necessary to preserve the goodwill of the partnership by paying off as many creditors as possible.
4. When there are no outstanding liabilities of the partnership, and all the partners agree to a distribution of cash in their profit sharing ratio.
In conclusion, the Rule of Garner vs. Murray cannot be applied when the partnership deed specifies a particular method of distribution of assets or when the partners have mutually agreed upon a specific method of distribution. The basic presumption in Maximum Loss Method and Proportionate Capital Method of Piecemeal Distribution is that partners are entitled to a share of assets in proportion to their respective capital contributions. Cash can be distributed among partners in their profit sharing ratio without following the Maximum Loss Method or Proportionate Capital Method in certain circumstances, such as when the partnership deed specifies a different method of distribution or when there are no outstanding liabilities of the partnership.
E the two circumstances under which Rule of Garner vs. Murray can not ...
State the two circumstances under which Rule of Garner vs. Murray can not be applied. State the basic presumption
in Maximum Loss Method and Proportionate Capital Method of Piecemeal Distribution among the partners. When is
it equitable to distribute cash among the partners in their profit sharing ratio without following Maximum Loss
Method /Proportionate Capital Method of Piecemeal Distribution among the partners