The defendants were a partnership firm consisting of two partners, Ramesh and Mahesh. Ramesh was taking care of the functioning of the firm and Mahesh was a sleeping partner. Ramesh acting within the scope of his authori

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
The defendants were a partnership firm consisting of two partners, Ramesh and Mahesh. Ramesh was taking care of the functioning of the firm and Mahesh was a sleeping partner. Ramesh acting within the scope of his authority, bribed the clerk of the plaintiff's company and induced him to commit a breach of contract with the plaintiff and divulge some of the secret important information of the plaintiff's company. The plaintiff suffered losses. This act of Ramesh was done without Mahesh's knowledge. Plaintiff sued both the partners. Discuss whether the plaintiff would succeed.

Answer & Explanation:

For the tort committed by a partner in the ordinary course of the business of the firm, all the other partners are liable therefore to the same extent as the guilty partner. The liability of the partners is joint and several. This case involves vicarious liability arising out of the special relationship between partners. Partners are agent of a partnership firm. The principles of agency govern the relationship between partners as well as between partners and partnership firm. So far as the liability for the torts or negligence committed by the partners is concerned a firm is liable for the same, provided such negligence or tort is committed in the ordinary course of the business of the firm. It is noteworthy that each partner is an agent at one hand and at the same time is a principal of all other partners. His deeds in the ordinary course of firm's business bind other partners and simultaneously make the firm liable for his deed. In this case Ramesh was acting within the scope of his authority and in the ordinary course of firm's business, where he bribed the clerk of the plaintiff's company and induced him to commit a breach of contract with the plaintiff and divulge some of the secret important information of the plaintiff's company. Thus, both the partners may be held liable for the said wrongful act of Ramesh. In view of the above, it can be said that plaintiff may succeed.

Topics: Partnership Law

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