Exam 38: Operation of Partnerships and Related Forms

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Gillie, Taft, and Dall are partners in an architectural firm. The partnership agreement is silent about the payment of salaries and the division of profits and losses. Gillie works full-time in the firm, and Taft and Dall each work half-time. Taft invested $120,000 in the firm, and Gillie and Dall invested $60,000 each. Dall is responsible for bringing in 50 percent of the business, and Gillie and Taft 25 percent each. How should profits of $120,000 for the year be divided?

(Multiple Choice)
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Donna is a partner of Don-Tel Lawn Care, a partnership in the business of providing lawn care services. While mowing a lawn using a partnership mower, Donna negligently runs over a piece of metal, sending pieces of metal flying through the air. One piece hits the client's patio door and shatters the glass. Is Donna liable to the client? Are Donna's partners liable to the client?

(Essay)
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In a partnership, when a partner makes a secret profit through a business transaction, what is the remedy for such a breach?

(Multiple Choice)
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A partnership does not have the authority to ratify the unauthorized act of partners.

(True/False)
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Stella, Bob, and Chris are partners in Sole Services, a general partnership that runs a small shoe store. Stella and Bob want to buy the building that they are currently renting, but Chris does not agree. How will this disagreement be resolved?

(Multiple Choice)
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Kate is a partner in a limited liability partnership (LLP) which provides accounting services. Acting within her authority, Allie, who is one of Kate's subordinates, negligently provides accounting services to a client. The client sues the LLP and its partners. Which of the following is incorrect?

(Multiple Choice)
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The standards and principles of agency law's respondeat superior are applied in determining the liability of the partnership and of the other partners for the torts of a partner and other partnership employees.

(True/False)
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Sharon and Martha are general partners in the SM general partnership. Sharon, acting with authority, negotiated and signed for a $500,000 loan to SM from a bank. SM has not repaid this loan. The bank can recover its loan from:

(Multiple Choice)
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The apparent authority of a partner to bind the partnership in dealing with third parties:

(Multiple Choice)
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In a partnership, are partners liable for the crimes committed by another partner? Explain.

(Essay)
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Which of the following is true about partnership agreements?

(Multiple Choice)
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Partners are not liable to their partnership for losses resulting from:

(Multiple Choice)
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A partner may personally profit from a partnership transaction when he or she deals in good faith with the partnership.

(True/False)
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Gary and Felix are partners in a general partnership. Gary does 2/3rd of the partnership work, while Felix does 1/3rd of the work. Last year the partnership earned $300,000 in profits. Under the RUPA, how much of the $300,000 is Felix entitled to receive?

(Multiple Choice)
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Morgan is a silent partner at Mathers & Sons, a general partnership. Because he is only a silent partner, he does not have:

(Multiple Choice)
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In a partnership, some classes of partners may have greater voting rights than others.

(True/False)
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A partner of a firm that leases residential property to college students allows his daughter to live in a partnership-owned apartment. Based on this situation, this partner:

(Multiple Choice)
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A partnership's liability for the torts of a partner committed within the ordinary course of partnership business or within the authority of that partner is:

(Multiple Choice)
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_____ occur(s) when partners accept an act of a partner who had no actual or apparent authority to do the act when it was done.

(Multiple Choice)
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In a partnership, partners may not compete against their own partnership unless:

(Multiple Choice)
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