What role does Simon play when he represents himself as a partner, gaining a loan for JAW Enterprises?

Prepare for the Partnership Law Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In this scenario, Simon’s role can best be described as a partner by estoppel. This legal concept arises when a person acts or holds themselves out as a partner in a partnership, which can create the appearance of a partnership to third parties, even if they are not a partner in reality.

When Simon represents himself as a partner of JAW Enterprises while securing a loan, he is leading the lender to believe that he has authority or a partnership interest in the business. Because of this representation, he may be held liable as a partner to third parties who rely on his assertions, despite the lack of actual partnership status. This protects the interests of third parties who interacted with Simon under the assumption that he was indeed a partner.

The other options involve different contexts of partnership roles. A managing partner typically has the responsibility of overseeing the daily operations of the business, which Simon does not appear to be doing in this case. A liquidating partner refers to a partner involved in the winding up of a partnership’s affairs, which again does not fit the scenario. An ostensible partner is a related but different concept, focusing on the idea of an apparent partnership due to the conduct of the partners, although it does not apply here as directly as partner by estoppel

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy