Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 70
Rights where partnership is dissolved for fraud, or misrepresentation
Partnership (PTR) CHAPTER 39, ARTICLE 6
§ 70. Rights where partnership is dissolved for fraud, or
misrepresentation. Where a partnership contract is rescinded on the
ground of the fraud or misrepresentation of one of the parties thereto,
the party entitled to rescind is, without prejudice to any other right,
entitled,

(a) To a lien on, or right of retention of, the surplus of the
partnership property after satisfying the partnership liabilities to
third persons for any sum of money paid by him for the purchase of an
interest in the partnership and for any capital or advances contributed
by him; and

(b) To stand, after all liabilities to third persons have been
satisfied, in the place of the creditors of the partnership for any
payments made by him in respect of the partnership liabilities; and

(c) To be indemnified by the person guilty of the fraud or making the
representation against all debts and liabilities of the partnership.