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1. a person representing himself as a partner

   • or knowingly permits himself as a partner
     • is liable like other partners
       • conditions for liability
         • active representation
           • words wriiten/ spoken/ or by conduct represented himself
         • tacit representation
           • must have knowingly permitted himself
         • 3rd party should've acted in good faith of him and given credit to the firm
   • to anyone who has given credit to the firm based on good faith
   • is treated as a partner by holding out only for THAT contract
   • for fixing liability on him, not necessary to show that he was motivated by a fraudent intention

2. exceptions

   • after the death of a partner, even those firm is carried on under his name, his legal representatives and his estate is not liable whatsoever
   • not applied when he becomes insolvent
   • not applied in cases of tort by other partners