Question:

Legal Principle: Every partner is liable alone and jointly with other partners for the debts of a partnership firm incurred for the business. Every partner is an agent of every other partner while being a principal in his own right in the business of the partnership.
Fact Situation: Varun is a partner in a firm with Chinmoy and Jaffar. Jaffar purchases a car for his personal purpose and obtains credit for the same in the name of the partnership behind the back of the other partners. He fails to pay the due amount on the expiry of the period of credit.
Which of the following statements is the most appropriate in relation to the legal principle stated above?

Show Hint

In partnership law, a firm is only liable for acts done by partners in the \textbf{ordinary course of the firm's business} and with proper authority.
Updated On: Aug 14, 2025
  • Varun, Chinmoy and Jaffar are liable to pay for the car since they are partners and the credit was obtained in the name of the firm.
  • Varun and Chinmoy are not liable to pay for the car since Jaffar purchased it for his personal purpose.
  • Varun, Chinmoy and Jaffar are liable as partners for all credit obtained in the name of the firm even if it is for the personal purpose of a partner.
  • Jaffar can use the credit of the firm to make purchases even for personal purposes since he is a partner in the partnership.
Hide Solution
collegedunia
Verified By Collegedunia

The Correct Option is B

Solution and Explanation


Step 1: Understanding the legal principle
- Partners are jointly and severally liable for debts incurred for the business purposes of the firm.
- If an act is done by a partner in the course of business and within his authority, all partners may be liable.
- However, if a partner acts for purely personal purposes outside the scope of the firm’s business, other partners are generally not bound by that liability.
Step 2: Applying the facts
- Jaffar purchased a car for personal use, not for the firm's business.
- The credit was taken in the firm's name, but this was done without the consent or knowledge of the other partners.
- Since the purpose was personal and unrelated to the firm's business, the debt is not binding on the other partners.
Step 3: Conclusion
- Varun and Chinmoy are not liable to pay for the car because the debt was incurred outside the scope of partnership business.
\[ \boxed{\text{Only Jaffar is liable for this personal debt.}} \]
Was this answer helpful?
0
0

Questions Asked in CLAT exam

View More Questions