Distinguish between Partnership at will and Particular Partnership under Indian Partnership Act, 1932.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2024
Distinguish between Partnership at will and Particular Partnership under Indian Partnership Act, 1932.

Answer & Explanation:

Partnership at Will According to Section 7 of the Indian Partnership Act, 1872 "Where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is called Partnership at Will". A partnership is deemed to be a partnership at will when (i) no fixed period has been agreed upon for the duration of partnership, and (ii) there is no provision made as to the determination of partnership in any other way. The partnership at will has no fixed or definite date of termination and, therefore, death or retirement of a partner does not affect the existence of such partnership. Section 43(1) of the Indian Partnership Act, 1872 provides that "Where the partnership is at will, the firm may be dissolved by any partner giving notice in writing to all the other partners of his intention to dissolve the firm. The firm is dissolved as from the date mentioned in the notice as the date of dissolution or, if no such date is mentioned, as from the date of communication of the notice". This accounts for the importance of the definition of Partnership at Will". Particular Partnership According to Section 8 of the Indian Partnership Act, 1872 "A person may become a partner with another person in a particular adventure or undertaking". When two or more persons agree to do business in a particular adventure or undertaking, such a partnership is called "Particular Partnership". Thus, a particular partnership may even be for a single adventure or undertaking.

Topics: Indian Partnership Act, 1932

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic