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Partnership Act 1997
15Liability for misapplication of property
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15 Liability for misapplication of property
(1) A firm other than an incorporated limited partnership is liable for any
loss arising from the misapplication of a third party's property if:
(a) the property was received and misapplied by a partner in the
firm acting within the scope of the partner's apparent authority;
or
(b) the property:
(i) was received by the firm in the course of the firm's
business; and
(ii) was misapplied by one or more partners in the firm while
it was in the firm's custody.
(2) An incorporated limited partnership is liable for any loss arising from
the misapplication of a third party's property if:
(a) the property was received and misapplied by a general partner
in the partnership acting within the scope of that partner's
apparent authority; or
(b) the property:
(i) was received by the partnership in the course of the
partnership's business; and
(ii) was misapplied by one or more general partners in the
partnership while it was in the partnership's custody.
(3) In this section:
third party's property, in relation to a firm, means money or other
property belonging to someone other than the firm or a partner in
the firm.
Part 2 Partnerships generally
Division 2 Relationship of partners to persons dealing with them
Partnership Act 1997 10