78. Partnership's capacity to sue.

(2)     Legal Proceedings

(i)     Claims by Partners and Firms

78.     Partnership's capacity to sue.

Although a partnership (ie the firm itself) is not a legal entity1, all the members of a firm may sue on a contract made in the firm name2, or on a contract made by one of them as agent for the firm3, and, when there is joint damage, all may bring a claim in tort, founded upon such damage4. Alternatively, and if the contract upon which the claim is founded was made by only one