Partnership – Questions and Answers

Subject Title: Introduction to Law and Governance Revision Kit

TOPIC: Partnership

QUESTION 1
April 2023 Question Four A
In relation to partnerships, explain the following:
(i) Liability of a retiring partner. (2 marks)
(ii) Liability of an incoming partner. (2 marks)
(iii) Liability of a minor partner. (2 marks)

QUESTION 2
April 2023 Question Two B
Discuss any SIX ways in which a partnership may dissolve without courts’ intervention.
(12 marks)
QUESTION 3
August 2022 Question Three B
Explain the seven rules applicable for distribution of assets upon dissolution of a partnership. (7 marks)

QUESTION 4
April 2022 Question Two A(ii)
Highlight five circumstances under which a partnership might be dissolved by the Court.
(5 marks)
QUESTION 5
December 2021 Question Six C and D
(c) In determining the name of a partnership for a newly formed business, identify six types of endings that a partnership could choose to add at the end of their preferred name. (6 marks)
(d) Explain two types of partnerships. (4 marks)

QUESTION 6
December 2021 Pilot Paper Question Two C
Distinguish between a “limited liability partnership” and “common law partnership”.
(5 marks)
QUESTION 7
August 2021 Question Seven A
Simon Peter was admitted as a general partner in the firm of Andrew, Mark LLP on 4 March 2013. On 7 March 2013 Simon Peter received a letter of demand from Mapeni Bank Ltd. requiring him and the other partners to service a loan of Sh. I million which Andrew Jones and Mark Jones borrowed on 24 January 2013 in the firm’s name.
Simon Peter is not sure whether he should pay the loan and seeks your legal advice.

Explain to Simon Peter the legal principles applicable in the above case and advise him.
(8 marks)
QUESTION 8
May 2021 Question Four A
State five grounds for the dissolution of a partnership without the intervention of the-court. (5 marks)

QUESTION 9
November 2020 Question Three A
Distinguish between a “Limited Liability Partnership” (LLP) and a “General Partnership.
(8 marks)
QUESTION 10
November 2019 Question Seven B
With reference to partnerships:
(i) Identify five ways in which a person shall cease to be a partner. (5 marks)
(ii) Highlight five clauses which might be found in a partnership agreement.
(5 marks)
QUESTION 11
May 2019 Question Seven B
Describe four consequences of dissolution of a partnership firm. (8 marks)

QUESTION 12
November 2018 Question Three B
Outline six liabilities of a minor who has been admitted in the benefits of a partnership.
(6 marks)
QUESTION 13
May 2018 Question Six A and B
(i) Summarise four conditions that must be met before a partner in a firm could bind other partners in transactions with third parties. (4 marks)
(ii) Explain three obligations of a partner to his/her fellow partner (6 marks)

QUESTION 14
November 2017 Question Six A
Milka Pendo and Joseph Karani are partners carrying on business in the name and style of Moja Enterprises. Joseph Karani has nevertheless set up a similar competing business while retaining his partnership in Moja Enterprises. Milka Pendo feels aggrieved and intends to expel Joseph Karani from Moja Enterprises.

Analyse the legal principles applicable in the above case and advise Milka Pendo.
(10 marks)
QUESTION 15
May 2017 Question Four A
(i) Outline four types of partnerships. (4 marks)
(ii) Explain three types of disclosures that the partners in a partnership must make.
(6 marks)
QUESTION 16
November 2016 Question One B
Describe three rules governing the liability of a retiring partner in the law of partnerships.
(6 marks)
QUESTION 17
November 2015 Question Two B
Outline ten contents of a partnership deed. (10 marks)

QUESTION 18
Pilot paper 2015 Question Four C
In relation to partnership law, explain the liability of the following partners:
(i) Incoming partner. (2 marks)
(ii) Infant partner. (2 marks)
(iii) Outgoing partner. (4 marks)