NAME
STUDENT NUMBER
MRL2601 ASSIGNMENT 1
QUESTION 1
Susan could potentially have recourse to a couple of legal actions to enforce her
rights as a partner, under South African law. Firstly, she could potentially bring an
actio pro socio. This action could be used, for example, to request a declaratory
order regarding the partnership or to claim for dissolution of the partnership. Given
that the partnership has already been dissolved, the primary purpose of this action
would be to enforce Susan's rights in the dissolution process. This might include, for
instance, a claim for her share of the partnership's goodwill, which Jane appears to
have taken for her own benefit. As this action is a personal one, it would be brought
by Susan against her co-partner, Jane, and not against the partnership itself.
Secondly, she could potentially bring an actio communi dividundo. This action is
used to affect a physical division of assets held in joint ownership. Although this
action has traditionally been used for tangible assets, its scope has been extended
to cover intangible assets such as goodwill by means of utilis actio communi
dividundo. Susan could use this action to obtain a division of the partnership's clients
(valued at R1 million), which are effectively an aspect of the partnership's goodwill.
This action would again be a personal one, brought by Susan against Jane, and not
against the partnership.
QUESTION 2
1. Mutual Agreement: The partners may decide to terminate the partnership by
mutual agreement.
STUDENT NUMBER
MRL2601 ASSIGNMENT 1
QUESTION 1
Susan could potentially have recourse to a couple of legal actions to enforce her
rights as a partner, under South African law. Firstly, she could potentially bring an
actio pro socio. This action could be used, for example, to request a declaratory
order regarding the partnership or to claim for dissolution of the partnership. Given
that the partnership has already been dissolved, the primary purpose of this action
would be to enforce Susan's rights in the dissolution process. This might include, for
instance, a claim for her share of the partnership's goodwill, which Jane appears to
have taken for her own benefit. As this action is a personal one, it would be brought
by Susan against her co-partner, Jane, and not against the partnership itself.
Secondly, she could potentially bring an actio communi dividundo. This action is
used to affect a physical division of assets held in joint ownership. Although this
action has traditionally been used for tangible assets, its scope has been extended
to cover intangible assets such as goodwill by means of utilis actio communi
dividundo. Susan could use this action to obtain a division of the partnership's clients
(valued at R1 million), which are effectively an aspect of the partnership's goodwill.
This action would again be a personal one, brought by Susan against Jane, and not
against the partnership.
QUESTION 2
1. Mutual Agreement: The partners may decide to terminate the partnership by
mutual agreement.
