Cannon v Nicol [2006] JLR 299 (28 June 2006)

Cannon v Nicol [2006] JLR 299 (28 June 2006)

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.

Citation
[2006] JLR 299
Parties
Applicant: Cannon; Respondent: Nicol
Jurisdiction
Jersey
Judgment Date
28 June 2006
Procedural Posture
Civil / Judgment
Outcome
judgment delivered
Legal Topics
Termination of Partnership, Good Faith, Timing of Termination
Partnership Law Termination of Partnership Good Faith Timing of Termination

Case Brief

Summary, issues, holding and outcome

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Parties

Cannon

Applicant

Nicol

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a partnership without a fixed term or termination provision can be terminated at any time
  2. 2 Whether termination must be in good faith and not for personal financial advantage at the expense of the partnership
  3. 3 Whether termination at an 'unseasonable time' is permissible

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