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Partnership Act 1997
14Liability for loss, injury or penalty
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14 Liability for loss, injury or penalty
(1) A firm other than an incorporated limited partnership is liable to the
same extent as a partner in the firm for any loss, injury or penalty
caused by an act (including omission) of the partner if:
(a) the act occurred while the partner was acting in the ordinary
course of the firm's business or with the authority of the other
partners; and
(b) for a loss or injury – the loss or injury is not suffered by a
partner in the firm.
(2) An incorporated limited partnership is liable to the same extent as a
general partner in the partnership for any loss, injury or penalty
caused by an act (including omission) of the general partner if:
(a) the act occurred while the partner was acting in the ordinary
course of the partnership's business or with the partnership's
authority; and
(b) for a loss or injury – the loss or injury is not suffered by a
partner in the partnership.
(3) For subsections (1) and (2), an act of a partner as a director must
not be taken to have occurred in the ordinary course of the firm's
business or with the firm's authority only because of one or more of
the following:
(a) the partner obtained the firm's agreement or authority to be
appointed or to act as the director;
(b) the remuneration the partner receives as the director forms
part of the firm's income;
(c) another partner in the firm is a director.
Part 2 Partnerships generally
Division 2 Relationship of partners to persons dealing with them
Partnership Act 1997 9
(4) In this section:
director means:
(a) a director of a corporation within the meaning of the
Corporations Act 2001; or
(b) a member of a body established by a law of the Territory.