Abstract

This chapter explores the two aspects of internal partnership relations, fiduciary duties out of the fiduciary relationship and contractual duties and obligations arising from the agreement. It emphasizes the ‘good faith’ principle in partnerships, considered to be the foundation of every partnership. Alongside good faith between partners is the duty to care which is expressed through the standard of skill to be expected. The chapter first assesses this standard. It then provides an overview of fiduciary duties, examining the three main aspects of fiduciary duties incorporated in Sections 28 to 30 of the Partnership Act 1890 which relate to honesty and full disclosure, unauthorized personal profits, and conflict of duty and interest. These fiduciary duties may cease when one partner repudiates the partnership agreement, such as by refusing to honour financial obligations.

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