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According to the fact, it is possible for Walter to take legal action against Li and Qiang. In addition, after paying for Walter’s loss, Qiang has the right to take another legal action against Li for asking for his loss from Li’s misconduct.

论文作者:51lunwen论文属性:作业计算问题 Assignments:Questions, Math Problems登出时间:2008-09-04编辑:点击率:10439

论文字数:3001论文编号:org200809040720239643语种:英语论文 English地区:英国价格:$ 33

关键词:legal actionassignmentHong KongIndividual partnership

PART A - You must

Part A
Question 1
According to the fact, it is possible for Walter to take legal action against Li and Qiang. In addition, after paying for Walter’s loss, Qiang has the right to take another legal action against Li for asking for his loss from Li’s misconduct. Since the fact of this case is located in Hong Kong, relative laws of China will be applied in it. 

According to the Partnership Ordinance of Hong Kong, "Individual partnership" is the relation that subsists between persons carrying on a business in common with a view of profit.  So the business entity in this case shall be individual partnership. In a partnership, “every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner; and after his death his estate is also severally liable in a due course of administration for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts.”  According to this stipulation, it is Li and Qiang that should be responsible for the partnership’s action as an agency in the real estate transaction. So Li and Qiang are both defendants in the lawsuit. What is more, according to the Partnership Ordinance of Hong Kong, “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 to the same extent as the partner so acting or omitting to act.”  In the following cases, namely-(a) where one partner, acting within the scope of his apparent authority, receives the money or property of a third person and misapplies it; and (b) where a firm in the course of its business receives the money or property of a third person, and the money or property so received is misapplied by one or more of the partners while it is in the custody of the firm, the firm is liable to make good the loss.”  And “Every partner is liable jointly with his co-partners and also severally for everything for which the firm while he is a partner therein becomes liable under section 12 or 13.“  From the point of these stipulations, Li and Qiang should undertake joint liability for their partnership's debt to Walter. Also from this article, we can see that Qiang, if he will have overpaid his share of the partnership's debts shall have the right to claim compensation from the other partner: Li.

As for the relationship between Walter and Li & Qiang, they are in a commission. Or to say, there is a commission contract between them. A commission contract is a contract whereby the principal and the agent agree that the agent will handle principal's affairs.  So Walter is the principal and Li & Qiang is the agent. Then, “Under a commission contract for value, if the principal sustains any loss due to the fault of the agent, the principal may claim damages. Under a gratuitous agency appointment contract, if the principal sustains any loss due to the agent's intentional misconduct or gross negligence, the principal may claim damages. Where the agent acts beyond the scope of authorization, thereby causing loss to the principal, it shall pay damages.”  In this case, Li and his 论文英语论文网提供整理,提供论文代写英语论文代写代写论文代写英语论文代写留学生论文代写英文论文留学生论文代写相关核心关键词搜索。

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