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  • Partnersheep

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    A partner can carry on a competing business unless there is an agreement otherwise in the partnership contract. Section 9 requires partners to act for the common advantage of the firm. If a partner profits from the business connections or name of the firm, they must account for that profit and pay it to the firm, unless the businesses are not the same, do not agree to use the firm name or connections, and there is no proof that the third party only agreed because of the firm name. Section 16 does not prevent a partner from having a side business, only requiring secret profits to be paid to the firm.

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    A partner can carry on a competing business unless there is an agreement otherwise in the partnership contract. Section 9 requires partners to act for the common advantage of the firm. If a partner profits from the business connections or name of the firm, they must account for that profit and pay it to the firm, unless the businesses are not the same, do not agree to use the firm name or connections, and there is no proof that the third party only agreed because of the firm name. Section 16 does not prevent a partner from having a side business, only requiring secret profits to be paid to the firm.

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    11 views1 page

    Partnersheep

    Uploaded by

    blinkeyblock
    A partner can carry on a competing business unless there is an agreement otherwise in the partnership contract. Section 9 requires partners to act for the common advantage of the firm. If a partner profits from the business connections or name of the firm, they must account for that profit and pay it to the firm, unless the businesses are not the same, do not agree to use the firm name or connections, and there is no proof that the third party only agreed because of the firm name. Section 16 does not prevent a partner from having a side business, only requiring secret profits to be paid to the firm.

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    In the absence of any covenant in the restraint of trade can a partner carry on a competing business .

    Sec 9 states that partners have to work for the greatest common advantage.

    from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay
    it to the firm;-cakewitch-aas
    not same business-all agree-knowledge of one wont affect growth of the other- name of firm not used in front of 3rd
    party- no proof that 3rd party agrred only because of a company name.

    Judges concur that if the contracts had materialized -then somethin could be done

    Sec 16 doesnt prevent partner from carrying on a side business (even if it contravenes the contract) – its only secret
    profitsthat one pays for.

    Sec 19 doesnt describe the scope of the 3rd party- as 3rd party is not exposed to the intersee relationship.
    If it is a non trading firm- the claimant has to prove that he took reasonable care

    need to prove trade practice is well established.........

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