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By M. Coombes Davies

A major and functional advisor for the development expert, this publication permits the reader to understand the character and seriousness of extensive ranging legal responsibility within the building undefined. The question-and-answer structure makes it uncomplicated, direct and simple to exploit.

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

Sample text

At this point, it is worth noting that any action taken by a partner may not be binding on the partnership if it were done maliciously. Q. What is the effect of a term limiting liability in the partnership deed? Where A, B and C are in partnerships together, they may stipulate among themselves that each will not be liable for more than £1000. Yet if the partnership incurs a debt of £10 000, each partner would be liable for it, notwithstanding the stipulation. This principle does not depend upon the partnership’s client having notice of the stipulation.

If such authority is given, and certainly where the actions authorized are in themselves within the lawful competence of the partner so authorized, and if the authority is acted on as a result of a wrongful act or omission in the course of carrying out what was authorized loss or injury is caused to a third A cautionary tale of the malicious architect Mr Meekins brought an action against three architects. Henson & Partners. The three partners were Colonel Henson, who was at that time President of the Incorporated Association of Architects and Surveyors (IAAS), Wilfred Valder and John Edward Southgate Sayers.

However, a 24 SINGLE PRINCIPAL partner who retires does not cease to be liable for those partnership debts or obligations which were incurred before he retired. Nevertheless, a retiring partner can be discharged from existing liabilities by an agreement to that effect between himself and members of the partnership as newly constituted and the creditors. This agreement may be either express or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted. Q.

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