Law On Business Org Midterms

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LAW ON BUSINESS ORGANIZATION MIDTERMS

ATTY. JESUS ANTONI DIOSANA

1. A wants to form a partnership with B and C, on the other hand B and C does not want to be
partners with A. Can A compel both B and C to form a partnership? 10%

2. A and B are partners of AB partnership, in order to gather investments, they allowed C to


represent himself as one of the partners of AB partnership. However, upon gathering the
investments, C misappropriated the funds. Can the investors go after AB partnership even if C is
not a member of the said partnership? 10%

3. A, B, and C formed ABC general partnership. Each of the partners contributed 100k each, after
its dissolution due to poor performance, the company still has a remaining liability of 150k.
Partner A contended that each of them should pay 50K to satisfy the liability, however Partner B
insisted that he is no longer liable since he already lost 100k in the investment. Whose
contention is correct? 5%

4. In Question #3, would your answer be the same if B is a limited partner? 5%

5. A and B formed a partnership to establish a coffee shop, Partner A being a capitalist partner, he
wanted to invest in another coffee shop. Partner B told him that it is not allowed since it is not
included in their agreement. Partner A still insists since he has a lot of money and told Partner B
he could do whatever he wants. Is Partner A correct in insisting that he can invest in another
coffee shop? 10%

6. A and B formed a partnership, A being the capitalist partner and the one who graduated
accountancy, he was designated to be the accountant and record keeper of the company. After
a few years of serving as industrial partner, B felt that A is not declaring all the income of the
company and because of this suspicion B requested that A show him the records. A refused on
the ground that B is just an industrial partner and he is more knowledgeable about the area. Is
partner A correct in not allowing B to look at the records? 10%

7. BF is currently in a relationship with his 16 years old GF. Unfortunately, the parents of GF is not
happy with their relationship since BF is already 45 years old. The parents of GF will do
everything just to destroy the relationship between BF and GF. Can BF and GF validly form a
partnership? 10%

8. AB is a partner in the ABCDE company, in order to pay the tuition fee of his daughter he sold his
only carabao. Still lacking with the funds, he decided to borrow money from his friend XYZ. Few
month later he failed to pay XYZ, can XYZ go after ABCDE company? 10%

9. A, B, and C are capitalist partners while D and E are industrial partners of ABCDE company. After
all the partnership assets have been exhausted in order to pay the creditors of the company,
there is still a remaining balance. D and E contends that they are no longer liable for the
remaining balance since they are just industrial partners. Is the contention of D and E correct?
10%

10. XYZ paid his personal loan to C, C remembered that XYZ is also indebted to ABC company where
he is authorized to manage the partnership’s credit collection. 10%

11. AB, a partner in ABCD company scheduled his day-off in order to attend the basketball of his
son. While driving towards the venue, he accidentally hit a stranger crossing down the road. Can
the stranger go after ABCD company? 10%

12. DEFINITION OF PARTNERSHIP (Bonus 5%)

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