Massachusetts General Laws

Mass. Gen. Laws ch. 108A, § 13 (2026)

Liability of partnership for wrongful acts of partners

✓ current as of July 2026
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Section 13. Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his co-partners, loss or injury is caused to any person, not being a partner in the partnership, or any penalty is incurred, the partnership is liable therefor to the same extent as the partner so acting or omitting to act.

Notes of Decisions
Cited in 10 cases, 1985–2012 · leading case: Starr v. Fordham, 648 N.E.2d 1261 (Mass. 1995).
Starr v. Fordham, 648 N.E.2d 1261 (Mass. 1995). “A partner is jointly and severally liable for the wrongful acts of his partners. G. L. c. 108A, §§ 13 & 15 (a) (1992 ed.”
Kansallis Fin. Ltd. v. Fern, 659 N.E.2d 731 (Mass. 1996). “Where, however, by any wrongful act of a partner acting in the ordinary course of the business of the partnership, or with the authority of the copartners, loss or injury is caused to a third person, or a penalty is incurred, the partnership is liable therefore, G. L. c. 108A, §…”
Jurgens v. Abraham, 616 F. Supp. 1381 (D. Mass. 1985). “…that Spiliakos was acting in the ordinary course of the business of the partnership or with the authority of Abraham. M.G.L. c. 108A, §§ 13, 15.”
Sheridan v. Desmond, 697 A.2d 1162 (Conn. App. Ct. 1997). “” Mass. Gen. Laws ch. 108A, § 13 provides: “Where, by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership, or with the authority of his co-partners, loss of injury is caused to any person, not being a partner in the…”
Lawson v. Affirmative Equities Co., LP, 341 F. Supp. 2d 51 (D. Mass. 2004). “Under the Uniform Partnership Act, as under previous common-law, partners are subject to joint and several liability for debts of the *64 partnership, including both contractual obligations and damages for torts committed by individual members in conducting the partnership…”
Eppard v. Sestito (In Re Sestito), 136 B.R. 602 (Bankr. D. Mass. 1992). “See Mass.Gen.Laws Ann. ch. 108A, § 13 (West 1990).”
Cold Spring Harbor Lab'y v. Ropes & Gray LLP, 840 F. Supp. 2d 473 (D. Mass. 2012). “See Mass. Gen. Laws ch. 108A, §§ 13, 15; Bachand v.”
Fitzsimmons v. Soutter, 2 Mass. L. Rptr. 380 (Mass. Super. Ct. 1994). · cites it 2× “ORDER For the foregoing reasons, defendant David Kertzman’s motion for summary judgment is ALLOWED as to all claims against Kertzman for his own individual negligence and DENIED with respect to claims against him for vicarious liability pursuant to Supreme Judicial Court Rule…”
Howe v. Fiduciary Trust Co., 13 Mass. L. Rptr. 125 (Mass. Super. Ct. 2001). “Under the Uniform Partnership Act, as under previous common law, partners are subject to joint and several liability for debts of the partnership, including both contractual obligations and damages for any torts that may be committed by individual members in conducting the…”
Lunnin v. Eccelston Props., Ltd., 1994 Mass. App. Div. 129 (Mass. Dist. Ct., App. Div. 1994). “The appellant cites the Massachusetts Uniform Partnership Act, G.L.c. 108A, §§13, 15 and 16, for the proposition that “a general partner is liable for all the debts, obligations and liability of the partnership entity.”
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