Explanation
According to the Garner Vs Murray rule, the loss arising on insolvency of a partner is a capital loss which should be borne by the solvent partners in their capital ratio. Once a partner is insolvent, the loss arising from him to be borne by the other partners in their capital ratio. Here, the loss on insolvency of C will be shared by A & B in the ratio of their fixed capitals, i.e, 10,000 : 6,000 or 5 : 3.
Insolvency of partnership implies insolvency of one or more partners of firm (since partnership and partners are same from legal point of view). Loss arising out of insolvency of one or more partners shall be borne by remaining solvent partners in their capital ratio. Therefore, A & B will share the loss due to insolvency of C in the ratio 10,000:5,000 or 2:1.
Retirement of a partner:
A partner may retire-
a. with the consent of all the other partners,
b. in accordance with an express agreement by the partners, or
c. where the partnership is at will, by giving notice in writing to all the other partners of his intention to retire.
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