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 the acts by which the partners can bind the firm ?

Answer & Explanation:

Every partner has an implied authority to bind the firm by the following acts: By selling firm's goods; By purchasing goods for the firm; By accepting any payment of debts due to the firm; and By engaging and discharging employees. In a trading firm, a partner has the following additional powers: To borrow money and to pledge the firm's goods for that purpose To accept, make and issue negotiable instruments in the firm name To employ a solicitor or attorney on behalf of the firm. However, the following conditions are to be satisfied in order to bind the other partners: 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.

Topics: Partnership Act, 1932

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