Source: 1)c)2m,MDTP4, 5)b)i)4m,MDTP1, 5)b)4m,MTP1,June2024, 1)c)i)2m,MTP3,June2024, RTP,Dec2023, 5)b)ii)3m,MDTP1, 5)b)3m,MTP1,June2024, RTP,Dec2023, 3)a)4m,Dec20192 Marks
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Question Scenario

i) When the continuing guarantee can be revoked under the Indian Partnership Act, 1932?

Core Legal Challenge

ii) What do you mean by Goodwill as per the provisions of Indian Partnership Act, 1932?

Estimated Writing Time: 3 mins Try in Practice Mode

Suggested Answer

1. Provisions of the Act / Applicable Law

i) Revocation of continuing guarantee (Section 38 of the Indian Partnership Act, 1932): According to section 38, a continuing guarantee given to a firm or to third party in respect of the transaction of a firm is, in the absence of an agreement to the contrary, revoked as to future transactions from the date of any change in the constitution of the firm. Such change may occur by the death, or retirement of a partner, or by introduction of a new partner.

ii) Goodwill: The term “Goodwill” has not been defined under the Indian Partnership Act, 1932. Section 14 of the Act lays down that goodwill of a business is to be regarded as a property of the firm.

2. Analysis & Application of Facts

Goodwill may be defined as the value of the reputation of a business house in respect of profits expected in future over and above the normal level of profits earned by undertaking belonging to the same class of business.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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