Breach of Partnership

Under our laws, a partnership is created when two or more persons agree to contribute money, property or industry into a common fund to be used for the purpose of obtaining profit.  In a partnership, mutual trust and confidence is expected from and among the partners themselves since the principle of “delictus personae” entitles the partners to choose who should be the other partners in their business.  If one of the partners has failed to comply with his or her obligations to the partnership, there is what we call a breach of partnership.   

Breach of partnership is an actionable wrong.  If a breach of partnership is committed by one of the partners, the other partners may bring a suit for and in behalf of the partnership against the erring partner.  This is for the reason that each partner acts as the agent of the other partners and of the partnership.  If there is any violation or failure of one partner to do what is incumbent for him to do under the partnership agreement, he will be held liable not only to the other partners, to the partnership itself, but also to other persons who dealt with the partnership.  

In any case of breach of partnership by one of the partners, the other partners are given the options of either allowing him or her to continue to be a partner in the partnership or expelling him or her for the breach committed against the partnership.  The decision will first be determined in accordance with the partnership agreement.  But if the partnership agreement is silent, then, the dispute will have to be resolved by voting of the innocent partners.  The decision will have to be made without the erring partner to avoid any influence upon the other partners.    

Hence, if you are faced with a problem regarding any breach of partnership, you should get the legal services of the expert partnership lawyers here at Attorneyservicesetc.com.  We can help you resolve the legal issues relating to the partnership, most especially on issues concerning any breach in the partnership agreement by one of the partners in the partnership.