1a)

Issue:

Whether Ah fatt has the right to keep the profit that he earns from his personal account

Principal:

Section 31 state that every partner must account to the firm any benefit
derived by him without the consent of other partners from any transaction concerning
the partnership

Partner must not make a profit for himself by making use of his position as a
partner or by using information obtained in the partnership business without the other
partners’ knowledge and consent.

According to the case of Bently v Craven,B,C and two other –partners in a sugar
refinery at Southampton. C – the firm’s buyer, so able to buy sugar at discounted
price. He sold to his firm at the market price.

The court held that the firm was able to claim C’s profits from those dealings.

Application:

Applying to the case,Ah Fatt had used one of the firm’s printing machine to print
wedding card without the knowledge of the other partners.He had earns the profit by
printing the wedding card and he had kept the profit he get into his own personal
account.

By applying to the principle,Ah Fatt has breached the duty as partner by using the
firm’s printing machine without the other partner consent.Everything that need to be
done that involve the firms has to receive full knowledge by the other party in
partnership.

Conclusion:

In conclusion,Ah Fatt has no right to keep the money tho his ownself.

B)
Issue:

Whether Datuk Kaya can sue Lucky Enterprise for damages in tort of defamation

Principal:

 Section 12 of Partnership Act state that where, by any wrongful act or

omission of any partner acting in the ordinary course of the business of the
firm or with the authority of his co-partners, loss or injury is caused to any
person not being a partner in the firm, or any penalty is incurred, the firm is
liable thereafter to the same extent as the partner so acting or omitting to
act.

According to the case of Hamlyn v Houston, A partner in H & Co bribed a clerk in

a rival firm to reveal to him some confidential information relating to the rival firm’s
business.As a result the firm suffered loss and they sued H & Co for damages.

The court held that H & Co. Were liable for the partner’s wrongful act as obtaining
information about a trade rival was seen as acting in the ordinary course of the
business.

Application:

Applying to this case, Amirul has act a tort that is defamation by posting and
publishing an article about Datuk Kaya that is a local politician.Datuk Kaya has sue the
firm for the act that been done by Amirul.

By applying to the principle,anything that is being caused by the partner in the firm
that cause loss or injury to the person that is not a partner of the firm,the firm is said
to be liable for the partner act.

Conclusion:

Datuk Kaya is liable to sue Lucky Enterprise for damages in the tort of
defamation.

C)
Issue:

Whether akshay can bring in his brother Anand to join the firm.

Principal:

Section 26(g)- Introduction of new partners.It must be with the consent of all
existing partners and are subject to contrary intention or agreement.

According to the case of Byrne v. Reid,Clause 29 of a partnership agreement

gave power to a partner to nominate his son as a partner.The partner nominated his
son to be a partner,but the other partners refused to accept the nomination. The
question was whether the son was a partner.

The court held that upon acceptance by the son of the nomination,he became a
partner.The other partners had no choice but to accept him as a partner as this was
based on the agreement.

Application:

Applying to this case,Akshay wants to bring in his brother Anand into the firm but
it was opposed by the other partner that is Amirul.There was no agreement being
stated on who has the title to nominate new partner.

By applying to the principle,the right to nominate a partner needs to be agreed by

all the existing partner or subject to the agreement that has been made earlier.A
majority of agreement need to be fulfilled in other to brought in the other partner.

Conclusion:

Akshay has no right to bring in his brother Anand to join the firm.