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Partnership act 1890, extracts

Document Cited authorities 4 Cited in Related
Vincent
AuthorElspeth Berry/Rebecca Parry
Pages595-599

Appendix 2


Partnership Act 1890, Extracts

32 DISSOLUTION BY EXPIRATION OR NOTICE

Subject to any agreement between the partners, a partnership is dissolved—
(a) If entered into for a fixed term, by the expiration of that term:
(b) If entered into for a single adventure or undertaking, by the termination of that adventure or undertaking:

(c) If entered into for an undefined time, by any partner giving notice to the other or others of his intention to dissolve the partnership.

In the last-mentioned case the partnership is dissolved as from the date mentioned in the notice as the date of dissolution, or, if no date is so mentioned, as from the date of the communication of the notice.

33 DISSOLUTION BY BANKRUPTCY, DEATH OR CHARGE

(1) Subject to any agreement between the partners, every partnership is dissolved as regards all the partners by the death or bankruptcy of any partner.

(2) A partnership may, at the option of the other partners, be dissolved if any partner suffers his share of the partnership property to be charged under this Act for his separate debt.

34 DISSOLUTION BY ILLEGALITY OF PARTNERSHIP

A partnership is in every case dissolved by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the members of the firm to carry it on in partnership.

35 DISSOLUTION BY THE COURT

On application by a partner the Court may decree a dissolution of the partnership in any of the following cases:
(a) . . .
(b) When a partner, other than the partner suing, becomes in any other way permanently incapable of performing his part of the partnership contract:

596 Law of Insolvent Partnerships and Limited Liability Partnerships

(c) When a partner, other than the partner suing, has been guilty of such conduct as, in the opinion of the Court, regard being had to the nature of the business, is calculated to prejudicially affect the carrying on of the business:

(d) When a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him:

(e) When the business of the partnership can only be carried on at a loss:
(f) Whenever in any case circumstances have arisen which, in the opinion of the Court, render it just and equitable that the partnership be...

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