Question

Argue both sides to Florence and Michael Acri were married and also partners in the Acri Café, which they jointly man- aged. For the first 15 years of their marriage, Michael had been in and out of sanitaria for the treatment of mental disorders. Although he had beaten Florence when they had marital problems, he had not attacked anyone else. Michael and Florence separated, and Michael assumed full control and management of the café. A few months after the Acris’ separation, Stephen Vrabel and a friend went into the Acri Café. Without provocation, Michael shot and killed Vrabel’s companion and seriously injured Vrabel while they were seated and drinking at the café’s bar. Was Florence liable for Vrabel’s injuries?

Answer 1

Issue: One of the partners of the café (Michael), attacked and killed one of the customers and injured the other. Will the other partner of the café (Florence), held accountable for this case?

Rule: As per the Partnership act, 1932, each of the partners in a partnership act as a principle as well as the agent for the other partner. So, if a partner misconducts or is liable for a crime at the business, then the other partner, acting as the principle, will also be held accountable for the same. Also if the tort was committed by one of the partners beyond the scope of general partnership agency, the partner will be held solely responsible for his act.

Analysis: Though Florence and Michael had worked in partnership for many years, after their divorce, Michael has assumed full control and management of the café. Florence could have been held accountable in the case, if she was still an active partner of the café. But as after divorce, Florence was excluded from the management and responsibilities of the café, she cannot be held liable for Michaels conduct in the café. Also Michael had a history of assaulting people and hence the act of negligence and misconduct, will solely be his responsibility.

Conclusion: Florence could not be held liable for the act of Michael Acri and Vrabel's injury as she was not an active partner of the café, when the incident happened.