WPI 50.13 Partnership—Scope of Partnership Business Defined

For the scope of this instruction, see WPI 50.00 (Introduction).

Use this instruction when there is an issue whether a partner's act was within the scope of the partnership business. Use WPI 50.14 (Act of Partner is Act of All Partners) with this instruction. If the existence of the partnership is in dispute, use WPI 50.12 (Partnership—Definition) with the instruction.

A partnership is bound by a partner's wrongful acts. RCW 25.05.100(1). A partner is an agent of the partnership. RCW 25.05.100(1).

Liability of one partner for acts of co-partners is founded upon principles of agency. Mading v. McPhaden, 50 Wn.2d 48, 55, 308 P.2d 963 (1957); Melosevich v. Cichy, 30 Wn.2d 702, 712–13, 193 P.2d 342 (1948); Poutre v. Saunders, 19 Wn.2d 561, 565–66, 143 P.2d 554 (1943).

The test of liability of co-partners for a tort committed by a member of a partnership is whether the wrong committed was within the scope of the partnership. RCW 25.05.120(1); Iron v. Sauve, 27 Wn.2d 562, 179 P.2d 327 (1947) (when negligence of a partner has been imputed to the partnership, the negligent partner was either in the immediate performance of partnership activities, or was using an instrumentality owned by the partnership, or using an instrumentality with the express or implied authority of the co-partners).