MRL2601
Assignment 1 - Semester 2 - 2023
Unique Number: 588435
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 should not exceed ½ a page) (5)
As a general rule, one of the naturalia of a partnership is that partners are co-owners
of the assets of the partnership in joint undivided shares. The relevant remedy is the
Actio communi dividend. This is an action for the physical division of things held in co-
ownership. The effect of the action communi dividundo has been extended to
intangible things such as copyright, patents and goodwill by means of utilising the
action communi dividundo. Thus, there is a remedy for Susan’s disposal.
QUESTION 2
Name (do not discuss) five (5) different reasons for which a partnership can be
terminated. (Your answer should not exceed one ½ a page) (5)
Assignment 1 - Semester 2 - 2023
Unique Number: 588435
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 should not exceed ½ a page) (5)
As a general rule, one of the naturalia of a partnership is that partners are co-owners
of the assets of the partnership in joint undivided shares. The relevant remedy is the
Actio communi dividend. This is an action for the physical division of things held in co-
ownership. The effect of the action communi dividundo has been extended to
intangible things such as copyright, patents and goodwill by means of utilising the
action communi dividundo. Thus, there is a remedy for Susan’s disposal.
QUESTION 2
Name (do not discuss) five (5) different reasons for which a partnership can be
terminated. (Your answer should not exceed one ½ a page) (5)
