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PARTNER BY ESTOPPEL

Others 12959 views 4 replies

PLEASE EXPLAIN WITH EXAMPLE - PARTNER BY ESTOPPEL & HOLDING OUT

 

IS IT ANY DIFFERENT BETWEEN PARTNER BY HOLODING OUT & ESTOPPEL

Replies (4)
no difference EXAMPLE Mr.A tells to Mr.X that he(A) is partner of PQR partnership Firm. here A holds himself as a partner now A can not deny his own words.

To understand Partner by Holding out , first we need to understand difference between Partner by estoppel and Partner by holding out :  Partner by estoppel -If a person falsely represents himself as a partner of any firm or behaves in a way that somebody can have an impression that such person is a partner and on the basis of this impression transacts with that firm then that person is held liable to the third party. The person who falsely represents himself as a partner isknown as partner by estoppel. Take an example. Suppose in Ram Hari & Co firmthere are two partners. One is Ram, the other is Hari. If Giri- an outsider represents himself as a partner of Ram Hari & Co and transacts with Madhu then Giri will be heldliable for any loss arising to Madhu. Here Giri is partner by estoppel.  Partner by holding out -In the above example, if either Ram or Hari declares that Gopal is a partner of their firm and knowing this declaration Gopal remains silent thenGopal will be liable to those parties who suffer losses by transacting with Ram Hari &Co with a belief that Gopal is a partner of that firm. Here Gopal is liable to those parties who suffer losses and Gopal will be known as partner by holding out. 

Gm How will the profit be shared by the estoppel partner?
Pl help to understand


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