australia partnership
Who is liable when the membership of a partnership changes?
<p>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. </p>

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

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

<p>Partners are jointly and severally liable for acts and omissions of each partner committed <em>while</em> they <em>are</em> partners. </p>

<p>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), <em>none</em> 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.</p>

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