1. Meaning of Implied Authority
- Implied authority is the legal power a partner has to act on behalf of the firm
- It arises from the usual course of business, even if not written in the deed
- It allows partners to bind the firm through their actions
- It is based on the nature of the business and the position of the partner
- The authority is assumed unless restricted by agreement
2. Common Acts Within Implied Authority
- Buying or selling goods on behalf of the firm
- Borrowing money or issuing cheques in the firm’s name
- Hiring employees or managing routine operations
- Settling accounts or collecting payments from customers
- Entering contracts necessary for daily business activities
3. Legal Effect of Implied Authority
- The firm is legally bound by the acts of a partner done within this scope
- Actions must be in line with the business type and usual practices
- Third parties can rely on such authority unless informed otherwise
- The partner’s act must appear to be in the firm’s interest
- Unauthorized acts may not be binding if clearly beyond the scope
4. Restrictions on Implied Authority
- The partnership deed may limit or define partner authority
- Certain acts, like selling firm assets or admitting a new partner, need explicit consent
- Any deviation must be communicated to outsiders dealing with the firm
- Restrictions are valid only if third parties are made aware
- Partners must respect internal limitations to avoid liability
5. Loss of Implied Authority
- A partner’s authority may be withdrawn through mutual agreement
- Retirement or removal ends the authority unless notified otherwise
- The death or insolvency of a partner terminates their authority
- The firm must give public notice to avoid liability for former partners
Silent or dormant partners do not have implied authority in daily affairs
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