Anil and Amit are two partners of a firm. Anil, while ordinarily dealing with another firm, bribed that firm's clerk to divulge secret relating to the other firm where that clerk was working. In this case, who shall be l

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2019
Anil and Amit are two partners of a firm. Anil, while ordinarily dealing with another firm, bribed that firm's clerk to divulge secret relating to the other firm where that clerk was working. In this case, who shall be liable-whether both the Partners i.e. Anil and Amit or only Anil? Explain.

Answer & Explanation:

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. In the case of Hamlyn vs. Houston & Co. (1903) 1 K.B. 81, one of the two partners bribed the plaintiff's clerk and induced him to divulge secrets relating to his employer's business. It was held that both the partners were liable for the tort committed by only one of them.

Topics: Law of Torts

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