Ontario Barrister and Solicitor Practice Exam

Are LLP partners liable for the negligence of other partners?

1. Only in certain conditions

2. Never

3. Yes, but only for those under their authority

4. Always, for any partner's negligence

The correct answer is: Yes, but only for those under their authority

While LLP partners are generally protected from being personally liable for the negligence of their partners, there are certain circumstances in which they may be held responsible. These include situations where the negligent partner was acting under the authority of the LLP, and the partner was aware or should have been aware of the negligence and failed to take appropriate action. Therefore, the correct answer is C - yes, but only for those under their authority. Option A is incorrect because it implies that LLP partners are only liable under certain conditions, when in fact there are specific criteria that must be met for them to be held responsible. Option B is incorrect because it is a blanket statement that implies LLP partners are never liable, which is not true. Option D is incorrect because it states that LLP partners are always liable, which is also not true as they are protected from personal liability in most cases.