Flashcards
GP's tort liablity
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- 1Andy, Ben, and Carol are each personally liable for the wrongful death claim even though that claim arose after they filed the Certificate of Limited Partnership, because the limited partnership did not have a general partner.As general partners, Andy, Ben, and Carol are jointly and severally liable for the wrongful death claim. (See Point Two.) Although the wrongful death claim arose after the Certificate of Limited Partnership was filed in the name of Metropolitan, that filing does not protect Andy, Ben, and Carol because it failed to create a limited partnership due to the lack of a general partner. (See Point One.) Therefore, the act of filing is irrelevant, and Andy, Ben, and Carol are jointly and severally liable for the wrongful death claim. To recover from them, Zack’s estate must follow appropriate procedures. (See Point Two.)
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- Agency & Partners Flashcards on GP's tort liablity, created by Kawon Kim on 30/01/2017.
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- Kawon Kim
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