Robert is a sculptor at Shingai Sculptors, a partnership of five sculptors. The members serve a six-month term each as Chairman. The Chairman’s duties include making contracts for the purchase of stone and sale of finished sculptures.Robert has just completed his term of office as Chairman. When his successor, Morgan, took over, he discovered that Robert had entered into a contract for the delivery of two tonnes of assorted rock from Germinston Quarries; and further, that Robert had entered into an agreement with a visiting Texas businessman, Digger Barnes, for the supply of 1,000 assorted stone sculptures for sale in a Dallas gift shop (the ‘Barnes contract’).When the stone was delivered it was obvious that, although suitable for general sculpture work, it was totally unsuitable for the style of sculpture carried out at Shingai Sculptures. Morgan has further discovered that Robert is filling the entire ‘Barnes contract’ from his work and has not brought it to the notice of the partnership.Required:In relation to partnership law, advise Morgan as to:
(a) Whether or not the partnership can rescind the ‘rock’ contract with Germinston Quarries. (5 marks)
