In relation to torts, how is a partner's liability described?

In relation to torts, how is a partner's liability described?

• A. Joint and several
• B. Sole liability of the partner who committed the tort
• C. No liability for torts by other partners
• D. Limited liability to capital contributed

Answer: (A)

In a partnership, liability for torts is described as joint and several. This means that when a partner commits a tort in the course of the partnership’s business, the injured party can pursue the partnership as a whole or pursue any one partner for the full amount. The partner who pays can then seek contribution from the other partners. This setup protects victims by ensuring there’s a practical route to full compensation, since the partnership operates as a single business entity and each partner bears personal responsibility for the harms caused by the partnership’s activities. That’s why the other options don’t fit. It isn’t limited to the sole tortfeasor’s liability, and other partners aren’t automatically off the hook; the partnership is generally liable for torts committed in the ordinary course of business. Also, this isn’t limited liability to capital contributed—general partnerships expose partners to personal liability beyond their initial investment.

In a partnership, liability for torts is described as joint and several. This means that when a partner commits a tort in the course of the partnership’s business, the injured party can pursue the partnership as a whole or pursue any one partner for the full amount. The partner who pays can then seek contribution from the other partners. This setup protects victims by ensuring there’s a practical route to full compensation, since the partnership operates as a single business entity and each partner bears personal responsibility for the harms caused by the partnership’s activities.

That’s why the other options don’t fit. It isn’t limited to the sole tortfeasor’s liability, and other partners aren’t automatically off the hook; the partnership is generally liable for torts committed in the ordinary course of business. Also, this isn’t limited liability to capital contributed—general partnerships expose partners to personal liability beyond their initial investment.