By M. Coombes Davies
An immense and useful advisor for the development specialist, this e-book allows the reader to understand the character and seriousness of huge ranging legal responsibility within the building undefined. The question-and-answer structure makes it easy, direct and straightforward to take advantage of.
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Extra resources for Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry
To get the work done as quickly as possible as other work was coming up, namely the South Shore contract. That contract led to the final dispute between the parties. In 1911, Messrs Deeks and Hinds quarrelled with Mr Cook. They settled that they would no longer continue business relationships with Cook. There was nothing to compel them either legally or morally to work with or for Cook. They were, however, involved with him in various reciprocal duties because of their relationship in connection with the Toronto Construction Co.
Subsections 6(2) and (3) of the Limited Partnership Act 1907 were considered, among others, by the court. They state that a limited partnership is not dissolved by the death and bankruptcy of a limited partner and his lunacy is not a ground for dissolution unless his share cannot otherwise be ascertained and realized. Furthermore, in the event of dissolution of a limited partnership, its affairs shall be wound up by the general partner unless the court orders otherwise. H. Barnard and the Scrap Metal Co.
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. The estate of a deceased partner may be liable for the debts which have been contracted by the partnership before his death, for example, where the debts were joint debts and the surviving partner becomes bankrupt.