183k views
1 vote
On application by or for partner the court shall decree a dissolution, except:

A. A partner becomes in any other way incapable of performing his part of the partnership contract.
B. A partner has been guilty of conduct prejudicial to the company.
C. A partner wilfully or persistently commits a breach of the partnership agreement.
D. There is an imminent loss in their business.

User Shengy
by
8.5k points

1 Answer

4 votes

Final answer:

A court may decree dissolution of a partnership for reasons such as incapability, prejudicial conduct, or persistent breaches of the agreement by a partner; imminent business loss is not generally a condition that would prevent dissolution. Partners in a business are mutually responsible for actions and debts, and the life of a partnership is inherently limited.

Step-by-step explanation:

The question relates to the specific conditions under which a court may decree a dissolution of a partnership in a business context. In the options provided, a court generally will decree dissolution if a partner becomes incapable of performing their part of the partnership contract, has been guilty of conduct prejudicial to the company, or persistently breaches the partnership agreement. However, an imminent loss in the business is not commonly one of the conditions that would prevent a court from decreeing a partnership dissolution. Dissolutions are often sought to protect the remaining partners and the business from further harm or losses associated with a problematic partner's actions.

One of the main disadvantages of a partnership is the mutual responsibility partners have for each other's actions, including debts and liabilities. Additionally, the life of a partnership is dependent on the continued cooperation and existence of the partners. The depart of a partner through leaving the business or passing away could lead to the dissolution of the original partnership arrangement.

User Peter Moberg
by
7.8k points