A . What is the liability of the partners for contracts regarding partnership business? b. What is the liability of the partnership for torts committed by a partner while acting in the ordinary course of partnership business? How does this compare to the liability of a principal under respondeat superior? Explain
a . Under the UPA, partners are jointly liable for all partnership contracts. Under the RUPA, partners are jointly and severally liable for contract obligations of the partnership.
b. RUPA provides that a partnership is liable for the loss or injury any partner causes by wrongful act or omission while acting within the ordinary course of the partnership business. This corresponds with respondeat superior in which an employer may be liable for an unauthorized tort committed by its employee acting in the scope of employment. The RUPA makes a partnership liable for no-fault torts, as well as negligence, trespass, fraud, defamation, and breach of fiduciary duty committed in the course of the partnership business.
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