Abstract

This chapter discusses the laws governing the conduct of businesses and partnerships as well as reminders on such subjects as copyright and data protection. It is no longer permissible for a business or professional firm to use a name for the firm that suggests a connection with the government, local authorities, etc. Unless a specific arrangement is made in the partnership deed, the Partnership Act says that a partnership is automatically dissolved on the death or bankruptcy of any partner. Legally, a partnership ceases to exist if anything happens to make the activities of that partnership illegal, such as partners being struck off their professional register. The best method of dealing with changes in a partnership is by a contract of novation, which includes all parties to any contracts current at the date of the change. This contract sets out the liabilities of the new, existing, and retiring partners toward all other parties with whom they have a business relationship; it has the effect of preventing delayed action claims catching up with a former senior partner. Further, a contract is a bargain between two parties; each side agrees to do something for the other. The terms of the contract are agreed between the parties, and any conditions may be incorporated, with the exception that contracts leading to illegal activities are void.

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