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Philippine Bar review · Question

Practice question: Obligations of Partners to Third Persons

Multiple Choice Medium

Practice question

A partner acts in the usual way of the firm's business, but actually lacks authority for that transaction. The counterparty knows that lack of authority. Under Article 1818, does the usual-business appearance alone bind the firm?
  1. Yes, knowledge never matters.
  2. No; the stated lack of authority and counterparty knowledge fall within the exception.
  3. Yes, every partner's act always binds the firm.
  4. Yes, every private transaction is usual business.
  5. Yes, the partner can erase the counterparty's knowledge.

Legal references

  • Civil Code, Articles1786–1811 and1816–1824: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Answer this question in flashcards to review your response and continue practicing.