This document discusses various statements about partnerships and their dissolution. It states that automatic dissolution can occur without consent of all partners. It also affirms that rescission, annulment, and dissolution do not all refer to the same thing or produce the same effect. Finally, it confirms that a partnership at will can be dissolved at any time by any partner for any reason.
This document discusses various statements about partnerships and their dissolution. It states that automatic dissolution can occur without consent of all partners. It also affirms that rescission, annulment, and dissolution do not all refer to the same thing or produce the same effect. Finally, it confirms that a partnership at will can be dissolved at any time by any partner for any reason.
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Original Title
NOTES (Quiz 3- Dissolution and Winding Up PARTCOR)
This document discusses various statements about partnerships and their dissolution. It states that automatic dissolution can occur without consent of all partners. It also affirms that rescission, annulment, and dissolution do not all refer to the same thing or produce the same effect. Finally, it confirms that a partnership at will can be dissolved at any time by any partner for any reason.
This document discusses various statements about partnerships and their dissolution. It states that automatic dissolution can occur without consent of all partners. It also affirms that rescission, annulment, and dissolution do not all refer to the same thing or produce the same effect. Finally, it confirms that a partnership at will can be dissolved at any time by any partner for any reason.
● Automatic dissolution can occur even without the consent of all the partners at
the start of the partnership. TRUE
● Rescission, annulment and dissolution of a partnership all refer to the same thing. FALSE ● Dissolution of a partnership is the same as rescission of the contract of partnership. FALSE ● Rescission, annulment and dissolution all produce the same effect in a partnership; the dissolution of the partnership. TRUE ● Admission of a new partner is an addition to the partnership that requires dissolution of the partnership. TRUE ● A dissolved partnership can still be held liable for any transaction entered into by a partner by estoppel. TRUE ● A general partnership can also be a partnership by estoppel. TRUE ● Dissolved partnership can never be continued by any of the partners without the consent of the other partners. FALSE ● Voidable contracts of partnerships may be dissolved before it is annulled. TRUE ● Partners who wrongfully caused the dissolution of the partnership does not have any rights to the partnership due to his wrongful acts. FALSE ● Partnership creditors do not have to be paid upon or after dissolution of the partnership if the business is continued by one or some of the partners. TRUE ● Only partners of a partnership can wind up the partnership. FALSE ● Dementia of a partner is not a ground to dissolve the partnership. FALSE ● In case of dissolution of the partnership by death of the partners, continuing partners must seek the permission of the heirs of the deceased partner to continue the business for them to do so. TRUE ● A partner who contributed the use of a specific property can demand that the property be returned to him when the partnership is dissolved. TRUE ● When the partners all agree to engage into business different from the purpose of the partnership, they may do so without dissolving the partnership. TRUE ● A partnership at will can be dissolved at any time by any of the partners for whatever reason. TRUE ● Partnerships by Estoppel cannot be dissolved because it does not exist. TRUE ● Partnership creditors are considered more preferred to partners' creditors when it comes to partnership assets. TRUE ● Partnership creditors are less preferred to partners' creditors when it comes to the partners' separate assets. TRUE ● Judicial dissolution can be done by the court on its own. FALSE ● A partner who contributed the use of a specific property can demand that the property be returned to him when the partnership is dissolved. TRUE ● Partnerships that are voidable due to fraud done during the creation of the partnership may be ratified by the partners. TRUE ● If a partnership is dissolved because a partner dies, any liability of the said partner to the partners to third persons will be paid from the estate of the partner. TRUE ● An account of a partner’s interest may be required at any time, not only during the dissolution of the partnership. TRUE ● Dissolution of a partnership means the partnership ceases to exist as a legal entity after winding up. TRUE ● Assets of the partnership encompass those which are owned by the partnership at the time of dissolution and any receivables from the partners in the books of the partnership. FALSE ● Where all the partners in the partnership died, there is no winding up unless authorized by the court. FALSE ● Partnerships by estoppel are dissolved as soon as the existing partnership is dissolved. FALSE ● In case of dissolution of the partnership by death of the partners, continuing partners must seek the permission of the heirs of the deceased partner to continue the business. TRUE ● Dissolved partnerships are considered to no longer be going concern. TRUE ● Dissolved partnership can never be continued by any of the partners without the consent of the other partners. FALSE ● A partner who was exempted to pay for partnership liabilities upon dissolution is released from the obligation to pay only if the partnership creditors agreed. FALSE ● Partners who voluntarily agreed to dissolve the partnership means that none of them were in violation of the terms of the partnership agreement. FALSE ● Sub-partners, not being partners of the partnership, cannot ask the partners to dissolve the partnership. TRUE ● A general partnership can also be a partnership by estoppel. TRUE ● Automatic dissolution can occur even without the consent of all the partners at the start of the partnership. TRUE ● Partners who withdraws from the partnership but allowed his or her name to be used as a partnership name is still liable as a partner. TRUE ● Partners who voluntarily agree to dissolve the partnership means that none of them want to continue the business. FALSE ● The partners can agree to exempt one or more partners from partnership liabilities but not all partners. TRUE