uestion to answer. The
education of a child is now largely regulated by statute.
A parent may protect his child, even a homicide is justifiable. A
parent can also correct his child. Says an excellent authority: "The
rights of parents result from their duties. As they are bound to
maintain and educate their children, the law has given them such
authority, and, in support of that authority, a right to the exercise
of such discipline as may be requisite to the discharge of the sacred
trust." See _Adopted Child_; _Husband and Wife_.
=Partnership.=--There may be a partnership in a single transaction,
for example, to buy and sell a load of potatoes. Persons may be liable
as partners to others who had no intention of creating that relation.
If A acts in such a way by speech or deeds as to create the belief in
B that he is a partner, and thus believing B sells goods to the
partnership, A is liable as a partner for them. On the other hand if B
knew that A was not a partner, he could not hold him as one. In many
cases it is difficult to determine whether one is a partner or not.
Many tests have been applied. The most general is that of intention.
Simply sharing in the profits and losses will not always suffice. This
was long considered a proper test but it broke down after many
applications. Thus, suppose a clerk is paid by giving him a fixed
percentage of the profits as a compensation, is he a partner? He was
so regarded on one occasion, and the firm having failed he was made
liable for all its debts. That is one of the consequences attending
the relation, every partner is liable for the entire indebtedness of
the amount he may have contributed. The clerk contributed nothing,
nevertheless he was liable like the others. Today the courts would
decide such a case differently. It would inquire whether the partners
intended to make him a partner, or only gave him a share of the
profits as a mode of paying him for his service. The recent
Partnership Act contains this test.
A partnership may usually hold any kind of property, real and
personal, and not infrequently is formed to cultivate or deal in land.
A partner is a general agent. Hence the risk of creating the relation.
Being a general agent he can bind his partnership for any acts within
the scope of his authority. Yet there are limitations. If a
partnership was engaged in selling dry goods, a partner could hardly
bind his partners by making a contract with a person for
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