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Philippine Bar review · Question

Practice question: Partnership by Estoppel

Multiple Choice Hard

Practice question

Rina knowingly permits public advertisements holding her out as a partner. A creditor relies on the advertisements and gives credit, although Rina did not personally communicate with that creditor and did not know this particular loan was made. Which is best?
  1. No liability can arise without a private meeting
  2. Public holding out can satisfy Article 1825 without proof that the particular communication was made with her knowledge, while reliance remains necessary
  3. Publicity eliminates the need for any reliance
  4. Every reader automatically becomes her creditor
  5. Public statements are legally irrelevant

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Articles 1769(1) and 1825

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