Issue

IssueWhether the firm could be held liable for negligence because of the accident involved by Joe and Jake.LawSection 12 of Partnership Act 1961Where, by any wrongly 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 therefor to the same extent as the partner so acting or omitting to act.Liability is seen in two instances; (1) when the tort is done in the ordinary course of the business of the firm and (2) when the tort is done with the consent of the other partners.Example of the first instance; Hamlyn v Houston & Co.If the tort is committed without the actual authority of the partners and outside the scope of the partners usual authority, the firm and the other partners would not be liable. Mara v BrowneApplicationJoe and Jake were involved in an accident, and the firm has been sued for negligence.The firm could not be held liable if the tort is committed without the actual authority of the partners and outside the scope of the partners usual authority.Unless the accident occurred during the ordinary course of the business of the firm, or with actual authority of the partners, the firm will not be liable for the negligence committed by Joe and Jake.

ConclusionThe firm will not be liable for the wrongful act committed by Joe and Jake.