How is liability for partnership debts generally organized?

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In a general partnership, all partners are jointly and severally liable for the debts and obligations of the partnership. This means that each partner can be held responsible for the full amount of the partnership's debts, not merely their proportionate share. If the partnership cannot satisfy its debts, creditors can pursue any partner for the total amount owed. This principle is rooted in the idea that partnerships are often considered a single entity in the eyes of creditors, allowing for practical recourse when seeking payment.

The concept of joint and several liability encourages partners to take their responsibilities seriously, as any one partner's actions or inactions can impact the entire partnership. It also means that a partner who pays off a debt can seek contribution from the other partners, ensuring that no one is unfairly burdened.

This liability structure does not suggest that only one partner bears responsibility, as would be indicated by a notion that only a general partner is liable or that debts are divided equally. Additionally, the assertion that partnership debts are not personally liable is incorrect, as it contradicts the foundational principles of partnership law. Thus, the principle of joint and several liability accurately captures the nature of responsibility among partners regarding partnership debts.

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