Legal Question in Business Law in

partnership by holding or estoppel

What is partnership by estoppel or holding out?


Asked on 2/03/00, 1:58 am

1 Answer from Attorneys

Richard Howard Richard Howard & CO

Re: partnership by holding or estoppel

Under the doctrine of holding out where two or more persons have held one of them out as having authority to conduct negotiations or adopt an obligation on behalf of the others as regards a third party they may be treated as partners. In these circumstances each of the inferred partners would be individually liable to the third party for the full extent of the obligation.

Estoppel would operate to stop one of the Inferred "partners" from denying the liability which arises from the inferred partnership.

whether holding out applies is a mixed question of fact an Law and would ned to be the subject of detailed instructions.

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Answered on 2/07/00, 9:33 am


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