============================== CFJ 1701 ==============================
to qualify as a member of a partnership one must be responsible for
all of the partnership's obligations.
Judge: Human Point Two
Called by Zefram: 11 Jul 2007 15:05:31 GMT
Assigned to Human Point Two: 18 Jul 2007 20:26:09 GMT
Judged FALSE by Human Point Two: 21 Jul 2007 04:11:45 GMT
Legal partnerships in most jurisdictions make all partners answerable
for any legal failing of the partnership, and that's the semantic that
I intended when drafting R2145/2. I didn't necessarily encode that
semantic correctly in the rule text, however. The question centres on
the interpretation of the word "collectively".
Judge Human Point Two's Arguments:
Most jurisdictions support a type of partnership in which some or
all partners are responsible for a proper subset of the partnership's
obligations. Rule 2145 should therefore be interpreted as requiring
only what it explicitly says it requires.
Rule 2145's definition of "partnership" explicitly requires each of a
partnership's obligations to be devolved onto at least one of its
parties, but its definition of "member" does not explicitly require
each member (party responsible for at least one of those obligations)
to be responsible for all of them.