Suppose there is a partnership with five members. On Monday, someone commits a tort on behalf of the partnership (e.g. assaults a customer). On Tuesday, one of the partners leaves the partnership and is replaced by a new partner. On Wednesday, the victim of Monday's tort wants to sue.

Who do they sue? Is it the people who were partners on Monday, or the people who are now partners on Wednesday?

The jurisdiction is Victoria, Australia but the answer in any common law jurisdiction is of interest.

1 Answer 1


Partners are jointly and severally liable for acts and omissions of each partner committed while they are partners.

For a point in time event like you propose, only those who were partners at the time are liable. However, for the specific example (assault), none of the other partners are liable as it is clear the tortfeasor is on a "frolic of his/her own" and the act is not that if the partnership.

For more protracted events, like a contract or negligence, both the outgoing and incoming partners may be liable.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .