Raigon and Sharon run a café in partnership. The partnership agreement authorises each partner to order goods and supplies up to a maximum of $1,000 each month, from their regular supplier (Jolly’s Pty Ltd). The partnership has a trading history with Jolly’s Pty Ltd that spans several years. Sharon orders coffee beans, sugar, milk and flour, as well as other essential supplies, for $2,000 (from Jolly’s Pty Ltd) one month. Who is liable for the payment of $2,000 to Jolly’s Pty Ltd? Select one: a. Raigon cannot, under any circumstances, be held liable to make the payment of $2,000: since Sharon has exceeded the maximum limit permitted by the partnership agreement. b. Raigon and Sharon are liable to make the payment because Jolly’s Pty Ltd does not know that Sharon is a partner. c. Raigon and Sharon are liable to make the payment since ordering coffee, sugar and other essential supplies is within the scope of the business of running a café, and the transaction is carried out in the usual way. d. Jolly’s Pty Ltd must have known that Sharon had exceeded their authority due to regular past dealings, and therefore can only claim the payment due from Sharon.
Question
Raigon and Sharon run a café in partnership. The partnership agreement authorises each partner to order goods and supplies up to a maximum of 2,000 (from Jolly’s Pty Ltd) one month. Who is liable for the payment of $2,000 to Jolly’s Pty Ltd?
Select one:
a. Raigon cannot, under any circumstances, be held liable to make the payment of $2,000: since Sharon has exceeded the maximum limit permitted by the partnership agreement.
b. Raigon and Sharon are liable to make the payment because Jolly’s Pty Ltd does not know that Sharon is a partner.
c. Raigon and Sharon are liable to make the payment since ordering coffee, sugar and other essential supplies is within the scope of the business of running a café, and the transaction is carried out in the usual way.
d. Jolly’s Pty Ltd must have known that Sharon had exceeded their authority due to regular past dealings, and therefore can only claim the payment due from Sharon.
Solution
The correct answer is c. Raigon and Sharon are liable to make the payment since ordering coffee, sugar and other essential supplies is within the scope of the business of running a café, and the transaction is carried out in the usual way.
This is because in a partnership, all partners are jointly liable for the actions of any one partner who is acting within the scope of the business. Even though Sharon exceeded the $1,000 limit set by the partnership agreement, the order was for goods that are essential to the café's operation. Therefore, both Raigon and Sharon are responsible for the payment.
Similar Questions
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