A is corrent because partners are jointly and severally liable for all debts of partnership including torts committed by a copartner while carrying on partnership business.
B is incorrect because the partner who commits the tort can always be sued for his own actions regardless of whether the partnership has been sued.
C is incorrect because the existence of implied authority is not inconsistent with a formal, detailed partnership agreement. While such an agreement may carefully spell out a partner’s express authority, the partner still retains implied authority to do those things which are reasonably necessary to the exercise of his/her express authority.
D is incorrect because apparent authority is based upon the reasonable belief of a third party that the partner with whom he dealt possessed authority to represent the partnership in that matter. Since the third party is not a party to the partnership agreement and does not ordinarily have access to it, the third party is not bound by the terms of the agreement unless he has actual knowledge of its terms. The partnership agreement is, of course, binding among the partners themselves.
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