材料全屏 Ham, Sam and Tam formed a partnership to run a petrol station. The partnership agreement expressly stated that the partnership business was to be limited exclusively to the sale of petrol. In January 20X8 Sam received £10,000 from the partnership's bank drawn on its overdraft facility. He told the bank that the money was to finance a short-term partnership debt but in fact he used the money to pay for a round-the-world cruise. In February 20X8 Tam entered into a £15,000 contract on behalf of the partnership to buy a stock of bicycles, which he hoped to sell from the garage forecourt. In March 20X8 the partnership's bank refused to honour its cheque for the payment of its monthly petrol account, on the basis that there were no funds in its account and it had reached its overdraft facility. 29 【论述题】 Explain the liability of the partners for the bank overdraft
【参考答案及解析】
Sam has taken money from the firm's bank account to use for a personal holiday. However, as a partner, and in the absence of any specific mention to the contrary in the agreement, he has authority to withdraw money from the bank account. His action has therefore incurred a debt to a third party that is owed by all three partners, not just himself, and if he cannot repay the money to the bank, the bank is entitled to sue the other partners for the balance.
Sam has taken money from the firm's bank account to use for a personal holiday. However, as a partner, and in the absence of any specific mention to the contrary in the agreement, he has authority to withdraw money from the bank account. His action has therefore incurred a debt to a third party that is owed by all three partners, not just himself, and if he cannot repay the money to the bank, the bank is entitled to sue the other partners for the balance.