Does a 'comma' make so much difference?
s.loganathan
(Querist) 28 May 2010
This query is : Resolved
There is an entity registered as a partnership firm under the name and style of 'L. Venkatesh Contractor'. Mr. Venkatesh has signed acceptance to a confirmation for an arrangement in his personal capacity signed as L. Venkatesh, Contractor. Would the firm be liable for the acceptance or would Mr. L.Venkatesh be responsible? Mr. L.Venkatesh also has dealings with the other party. Can the other party make the firm legally liable?
Surrender K Singal
(Expert) 28 May 2010
Any partner can sure bind partnership firm if it is not so barred by the terms of partnership deed; In any case,L. Venkatesh would surely be liable in personal capacity
Any person can be a contrator in person as also a contractor firm through any of its partner !
Raj Kumar Makkad
(Expert) 28 May 2010
It shall be better to go through terms and conditions of acceptance of the confirmation. It the recitals of the document establish that L. Venktesh signed in his personal capacity then firm is not bound but if he is representing the firm then firm is also responsible how much difference in the signature might has he made. It hardly matters any comma, full stop etc. he recital of the document says otherwise.
G. ARAVINTHAN
(Expert) 28 May 2010
When contractor is a name, it is definitely a big difference
mahendrakumar
(Expert) 29 May 2010
many cases are won or lost due to such tricky uses of commas and full stops.
s.loganathan
(Querist) 29 May 2010
Interesting answers Gentlemen! Can anyone give me case references or citations that exemplifies the stand of Law on this subject.
