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Dissolution by the CourtConversely Section 39 of the Act prescribes the state of affairs that the court will decree the compulsory dissolution about a partnership. They are: like;(a) Lunacy or unsoundness of mindA partner becomes a lunatic or may of permanently unsound mind there.(b) Permanent incapacitationA partner becomes permanently incapable of performing his such partnership duties.(c) Prejudicial acts of a partnerA partner has acted in a manner that is prejudicial to the carrying at of the firm's business, and his such continued association with the firm would that bring the firm's name in disrepute.(d) Wilful and continuous breachA partner is guilty of a wilful breach about the partnership contract.(e) LossesThe firm's business can carried on only on a loss.(f) Just and equitableAny circumstances arise that render it fair and reasonable that the partnership is such dissolved. Therefore in Re Yenidge Tobacco Co., the partners rejected to speak to each other then like one partner petitioned the Court to a dissolution that was granted. However a state of communal hostility is incompatible with such partnership.
Distribution of Assets A general rule the Articles of Partnership contains complete regulations like to the rights of partners in such an dissolution. Whether in the absence
Question 1: (a) Elaborate on the sources of Law in Mauritius. (b) Explain what you understand by the following legal terms: (i) Obiter Dictum
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