Download Avoiding Claims : A Practical Guide to Limiting Liability in by M. Coombes Davies PDF

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By M. Coombes Davies

A huge and useful advisor for the development expert, this e-book allows the reader to understand the character and seriousness of broad ranging legal responsibility within the development undefined. The question-and-answer structure makes it easy, direct and simple to exploit.

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Extra info for Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry

Sample text

They appointed that particular partner whose name appeared on the list as their official auditor from 1952. He was reappointed thereafter yearly, until he resigned in February 1967. When auditing the Society’s accounts, the partner was assisted by employees of the partnership. The audit fee was paid by the Society to the partnership and received by them as a fee due to the partnership. The Kirkintilloch Society found that they had suffered substantial losses between 1963 and 1966 which they claimed were the result of bookkeeping errors.

Consider this sequence of events: A and B were in partnership, and the firm’s name was different from their own; A later retired and C came into the firm as a new partner. A client who had a claim against the partnership, and dealt continuously with it, was not informed of the revised nature of the firm. Then the client can elect which group of partners to sue: those who formed the partnership before it was reconstituted, or those who were partners afterwards. Q. One of our partners recently died.

Then the client can elect which group of partners to sue: those who formed the partnership before it was reconstituted, or those who were partners afterwards. Q. One of our partners recently died. Only his wife is now alive, and she is worried about the estate’s liability to pay any partnership debts. What is the clarification of our position? Where after a partner’s death a partnership business is continued in the old partnership’s name, the continued use of that name, or of the deceased partner’s name as, part of it, does not of itself make his executors’ or administrators’ estate or effects liable for any partnership debts contracted after his death.

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