Cannon v Nicol [2006] JLR 299 (28 June 2006)
- Citation
- [2006] JLR 299
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A party may terminate a partnership at any time if there is no fixed term or provision for termination, provided the termination is in good faith and not for personal financial advantage at the expense of the partnership or at an unseasonable time.
Court disposition
judgment delivered
02
Material facts
Parties
Cannon
ApplicantNicol
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether a partnership without a fixed term or termination provision can be terminated at any time
- 02
Whether termination must be in good faith and not for personal financial advantage at the expense of the partnership
- 03
Whether termination at an 'unseasonable time' is permissible
Party arguments
- Applicant
- The partnership may be terminated at any time provided the party acts in good faith.
- Respondent
- Termination for personal financial advantage at the expense of the partnership or at an unseasonable time is not in good faith.
05
Court’s reasoning
Legal principles
- 01
Pothier, as cited in the judgment
A partnership without a fixed term or termination provision may be terminated at any time provided the party acts in good faith.
06
Ratio, limits and disposition
Ratio decidendi
A party may terminate a partnership at any time if there is no fixed term or provision for termination, provided the termination is in good faith and not for personal financial advantage at the expense of the partnership or at an unseasonable time.
Court disposition
judgment delivered
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Cannon v Nicol [2006] JLR 299 (28 June 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060299.html Cite as: [2006] JLR 299 [ New search ] [ Help ] Cannon v Nicol 2006 JLR 299 (28 June 2006) Partnership-termination-principles-if no fixed time limit or provision for termination, party may terminate partnership at any time provided acting in good faith-not in good faith if for personal financial advantage at expense of partnership-according to Pothier, termination also not to be at "unseasonable time" The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2006 JLR 299 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060299.html
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