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ACCA Applied Skills · Corporate and Business Law (Global) · Partnerships

Amara and Luis run a general trading partnership. Without telling Luis, Amara signs a contract in the partnership name to buy goods that a trading business of that type normally buys. The supplier did not know of any restriction on Amara's powers. Which statement is correct?

The partnership is bound by the contract. A partner acts as agent of the firm for transactions within the usual course of its business, and a third party without notice of any limit on authority can rely on that apparent authority, so Luis's lack of consent is irrelevant.

  1. AThe partnership is not bound, because Luis did not consent to the contract
  2. BThe partnership is bound, because Amara acted as an agent of the firm in the usual course of its businessCorrect
  3. COnly Amara is bound, because partners can never bind their co-partners without express consent

Explanation

Each partner is the agent of the firm for acts apparently carried on in the usual way of the firm's business. The supplier had no notice of any restriction, so the firm is bound. The first option is wrong because express consent from every partner is not required for usual-course acts.

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