Q.'The business of a partnership firm may be carried on by all the partners or any of them acting for all.' The above statement highlights which of the following feature of partnership ? (A) Agreement (B) Business (C) Sharing of profit (D) Mutual agency
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Start your 14-day free trial to unlock the full solution →The statement highlights (D) Mutual agency — the feature that every partner is both an agent and a principal of the firm, able to bind the firm by their acts.
Concept: Features of Partnership
A partnership is defined under the Indian Partnership Act, 1932, as "the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all." This definition embeds several essential features, and the question asks us to identify which one is captured by the phrase "business of a partnership firm may be carried on by all the partners or any of them acting for all."
Let us examine each feature:
(A) Agreement: Partnership arises from a contract (express or implied) between the partners. The agreement creates the relationship, but it does not explain how the business is conducted or who can act on behalf of the firm.
(B) Business: Partnership must involve carrying on a lawful business with a view to profit. The term "business" includes trade, occupation, or profession, but this feature simply defines the purpose of the partnership, not the mechanism of operation.
(C) Sharing of profit: Partners must agree to share profits (and implicitly losses) in an agreed ratio. This is the economic outcome of the partnership, but again, it does not address who can conduct the business or represent the firm.
(D) Mutual agency: This is the feature that every partner is simultaneously an agent of the firm (able to bind the firm by their acts done in the ordinary course of business) and a principal (bound by the acts of other partners). The phrase "carried on by all the partners or any of them acting for all" directly captures this: any partner can act, and when they do, they act for all — that is, on behalf of the entire firm and all other partners.
Treatment: Mutual Agency in Partnership
Mutual agency means:
- Each partner has the implied authority to enter into contracts, make purchases, sell goods, and perform other acts in the ordinary course of the firm's business.
- These acts bind all partners and the firm itself, even if other partners were not consulted or did not consent (provided the acts are within the scope of the firm's business).
- Conversely, each partner is bound by the acts of every other partner done in the firm's name. …
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