Question

In: Operations Management

Mandy, Peter and Daniel are partners of PDM & Associates. Daniel is entrusted to become the...

Mandy, Peter and Daniel are partners of PDM & Associates. Daniel is entrusted to become the managing partner of the firm. On 1 March, Daniel entered into a contract amounting of RM80,000 with Papa's Company. Papa's Company was to supply furniture to the firm’s new office at Beverly Hills. Part of the furniture, an office set worth RM7000 was ordered by Daniel for his home office use. Daniel had informed Mandy and Peter that he needed to work from home occasionally. However, they did not inform Gabriel who was a sleeping partner. On 1 July, Papa's Company reminded Daniel to make payment but PDM & Associates failed to pay. Now, Papa's Company is threatening to sue all the partners but Mandy and Peter claim that they are not liable because the contract is not signed by them while Gabriel argues that he is not aware of the contract.  

Advise Mandy, Peter and Gabriel under Partnership Act 1961.

This is Malaysia Business Law Essay. (700 words needed)   

Solutions

Expert Solution

As per the Partnership Act 1961 Mandy, Peter and Daniel are the active partners of PDM & Associates who would be actively handling the administration and management decisions of the company while Gabriel is the Sleeping Partner, who is more involved in providing capital and gaining on profit, rather than management responsibilities.

As per the Law, an active partner is eligible to take individual decisions for the firm even if the other active partners don't sign the contract and just have verbal communication on the decision.

In this case, Daniel had informed Mandy and Peter, about the purchase he made for his home office, and at that moment had nothing against the decision. Thus all three of them, or rather PDM & Associates, are liable to pay Papa's Company the money they owe. Or else Papa's Company can sue PDM & Associates rightfully.

On the other hand Gabriel, who is the sleeping partner of the company, does not have a say in this, because it is an administrative decision, and the active partners are authorised to take decisions individually as long as they all are informed about it.

Thus, Mandy, Peter and Gabriel would have to pay Papa's Company for the purchase Daniel made on behalf of PDM & Associates. Otherwise the legal action by Papa's company would be against them as well and would fall in favour for Papa's Company.


Related Solutions

Peter Drucker calls orchestras an example of an organization design that will become increasingly popular in...
Peter Drucker calls orchestras an example of an organization design that will become increasingly popular in the 21st century, in that they employ skilled and talented people, joined together as a team to create products and services. Drucker may hear what he wants to hear. Others say orchestras are autocratic. The conductor dictates what is played and how it is played. Rather than basking in the glow of orchestral teamwork, jokes like the following are common among orchestra members: Q....
A) Daniel Finley wishes to become a millionaire. His money market fund has a balance of...
A) Daniel Finley wishes to become a millionaire. His money market fund has a balance of $109,333 and has a guaranteed interest rate of 10%. How many years must Daniel leave that balance in the fund in order to get his desired $979,000? B) He then desires to accumulate $979,000 in 15 years using his money market fund balance of $187,154. At what interest rate must Daniels investment compound annually? C)
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 41,000 Liabilities $ 31,000 Land 135,000 Adams, capital 84,000 Building 125,000 Baker, capital 30,000 Carvil, capital 62,000 Dobbs, capital 94,000 Total assets $ 301,000 Total liabilities and capital $ 301,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 43,000 Liabilities $ 33,000 Land 145,000 Adams, capital 89,000 Building 135,000 Baker, capital 36,000 Carvil, capital 66,000 Dobbs, capital 99,000 Total assets $ 323,000 Total liabilities and capital $ 323,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other.   Cash $ 61,000   Liabilities $ 51,000   Land 235,000   Adams, capital 156,500   Building 225,000   Baker, capital 45,000   Carvil, capital 102,000   Dobbs, capital 166,500        Total assets $521,000        Total liabilities and capital $521,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as an independent...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 49,000 Liabilities $ 39,000 Land 175,000 Adams, capital 108,500 Building 165,000 Baker, capital 45,000 Carvil, capital 78,000 Dobbs, capital 118,500 Total assets $ 389,000 Total liabilities and capital $ 389,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 65,000 Liabilities $ 55,000 Land 255,000 Adams, capital 169,500 Building 245,000 Baker, capital 51,000 Carvil, capital 110,000 Dobbs, capital 179,500 Total assets $ 565,000 Total liabilities and capital $ 565,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 40,000 Liabilities $ 30,000 Land 130,000 Adams, capital 80,000 Building 120,000 Baker, capital 30,000 Carvil, capital 60,000 Dobbs, capital 90,000 Total assets $ 290,000 Total liabilities and capital $ 290,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 64,000 Liabilities $ 54,000 Land 250,000 Adams, capital 165,500 Building 240,000 Baker, capital 51,000 Carvil, capital 108,000 Dobbs, capital 175,500 Total assets $ 554,000 Total liabilities and capital $ 554,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
The following balance sheet is for a local partnership in which the partners have become very...
The following balance sheet is for a local partnership in which the partners have become very unhappy with each other. Cash $ 50,000 Liabilities $ 40,000 Land 180,000 Adams, capital 114,000 Building 170,000 Baker, capital 42,000 Carvil, capital 80,000 Dobbs, capital 124,000 Total assets $ 400,000 Total liabilities and capital $ 400,000 To avoid more conflict, the partners have decided to cease operations and sell all assets. Using this information, answer the following questions. Each question should be viewed as...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT