Hansel and Gretel form a partnership for their business making ginger bread houses. Before making any ginger bread houses, Hansel instructs Gretel to find a warehouse to store the ginger bread houses that the partnership will be making. Gretel finds a large warehouse in Burleigh Heads and enters into a lease with the landlord on behalf of the partnership. When Hansel inspects the warehouse he is disappointed as it is not what he expected. He informs Gretel that he no longer wishes to proceed with the partnership. Which of the following is the most correct answer:
A) It is likely that Hansel would incur no liability with respect to the warehouse lease as he did not sign the agreement.
B) The lease would most likely be binding on the partnership if the partners ratified it as it is a pre-registration contract.
C) Hansel and Gretel would be jointly and severely liable on the lease as they are partners.
D) The lease is not binding because at the time it was entered into no partnership existed and thereby it is not binding against anyone.
E) Hansel is not liable on the contract because Gretel signed it and he has validly terminated his interest in the partnership.
Correct Answer:
Verified
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