MRL2601 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED) (UNIQUE NUMBER :- ) ️️️️️
QUESTION 1
Two partners who are practicing as dentists, Susan and Jane, decide to dissolve their partnership by agreement. The partnership a...
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MRL2601
ENTREPRENEURIAL LAW
ASSIGNMENT 1 MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: - 588435
Due Date: - 10th August 2023
Includes Footnotes and/or Bibliography.
QUESTION PREVIEW
Question 1
Two partners who are practicing as dentists, Susan and Jane, decide to dissolve their partnership by agreement. The partnership agreement is
silent regarding the goodwill of the partnership. Jane continues practicing as a dentist and de facto takes the partnership’s clients (valued at
R1 million) over for her own benefit. Susan feels it is unfair that Jane has taken over all of the clients and wishes to institute a legal action to
claim her part of the goodwill. Explain whether there is a remedy to Susan’s disposal in these circumstances. (Your answer sh ould not exceed
1⁄2 a page) (5)
Remedies for Susan in the Circumstances
In the given scenario, where Susan and Jane are partners in a dental practice and Jane continues to benefit from the partnership's clients after the
dissolution, Susan may have a remedy to claim her share of the goodwill. However, the availability of this remedy depends on the applicable laws and the
specific terms of their partnership agreement.
1. Partnership Agreement: The first step is to review the partnership agreement. If the agreement explicitly addresses the distribution of goodwill
upon dissolution, it will govern the rights and obligations of the partners. If the agreement is silent on the matter, other legal principles may come
into play…. ANSWER CONTINUES….
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