Anil, Jay and Rajeev are partners in a business involved in the manufacturing and selling of furniture. They have a partnership agreement that does not explicitly detail all the aspects of their daily operations, but it
CS Professional · CSR and Social Governance · PYQS · June 2025
Anil, Jay and Rajeev are partners in a business involved in the manufacturing and selling of furniture. They have a partnership agreement that does not explicitly detail all the aspects of their daily operations, but it is agreed that they will equally share profits and losses. Anil is tasked with overseeing the business operations, Jay manages sales, and Rajeev is responsible for the financial matters. One day, Anil makes a contract with a supplier for raw materials valued at ₹ 5,00,000. The supplier consents to deliver the materials on credit, to be paid within 30 days. The other partners, Jay and Rajeev, were not consulted prior to the purchase, although the materials are essential for the ongoing operations of the business. Following the transaction, Jay and Rajeev found out that Anil had signed the contract without notifying them. They expressed concerns regarding Anil's decision, as the amount is considerable, and they had not consented to the purchase in advance. Discuss whether Anil had the authority to enter into the contract on behalf of the partnership without consulting the other partners, and whether the contract is binding on Jay and Rajeev ? Justify your answer.
Answer & Explanation:
Yes, Anil has the authority to enter into a contract on behalf of the partnership without consulting the other partners. In an unlimited partnership, every partner is an agent of the firm and is also an agent of the other partners. Anil had an implied authority to do so which is subject to the following conditions: the act done must relate to the "normal business" of the firm; the act must be done in the usual way; the act must be done in the name of the firm. Section 9 of the Partnership Act may be referred in the matter which provides that relation of partners to one another is of utmost good faith. It provides that every partner is an agent of each other, therefore, contract entered by one of the partners will bind all the partners. The contract is binding on Jai and Rajeev
Topics: Partnership Act, 1932
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