3+ Breach of Partnership Agreement Templates – PDF
Partnerships hold both parties to responsibilities enforced by law if ever one breaches the agreement. This could lead to court hearings and legal actions if it escalates into something bigger. In any business ventures, a breach of simple partnership agreement plays a vital role in ensuring the rights of both parties if ever a breach happens.
A breach of a partnership agreement is a contract that details the rights and obligations of each partner in the business. If the breach happens, one has a cause of action that can be taken against the other and vice versa. This should be the point of reference in case of a breach.
Agreement Template Bundle
Breach of Contract Agreement
courts.ca.gov
Statement of Dissolution for Partnership
scc.virginia.gov
Causes of Action
Breaching a sample partnership agreement can lead to a series of actions. These actions are right and just for anyone who breaches the written contract. These remedies will help you in getting through the legal processes.
1. Expulsion
This legal action kicks out the breaching partner in the partnership agreement. It can happen when the agreement states the expulsion as it is. In some cases, you cannot expel a partner without dissolving the whole partnership. However, in two-person partnership, a new agreement takes place after one partner has been expelled. The charges of damages in partnership can arise when the expulsion happens in a bad manner.
2. Settlement
The settlement avoids time-consuming hearings and costly fees to be paid in accordance with the legal matters. With this, both parties will agree on a written settlement agreement, which can also be legally binding as contracts. One thing about settlements is it can restore the partnership of both parties. Another is that you can file a lawsuit and reach a settlement, but have the conditions more favorable to your interests.
3. Damage Liquidation
When a breach happens, the contract states that the damages be liquidated to determine how much the breaching party will pay the other. This breaks down all the legal aspects the liquidation covers. However, liquidating the damages can only be done if there is a reasonable cause. You may also like general partnership agreements.
4. Breach Liability
If the partnership agreement has a duration of the business partnership and the other party leaves earlier than intended, he/she can be sued for breaching the agreement. This liability brought about by the breach can be devoided if there is a good cause for leaving the partnership.
Dissolution or Change of Partnership Registration
www2.gov.bc.ca
Partnership Dissolution Agreement
legaldocs.com
Types of Damages
In breach of partnerships, damages are not only classified as one. It has many classifications that need to be understood by both parties entering the agreement. All of these damages may be awarded if the breach takes place.
1. Consequential
This kind of damage covers the losses not related to the agreement. These losses happened because of the breach. This includes loss of business opportunities and damage to the reputation of a simple business.
2. Expectation
This is the amount of money the injured party will receive from the contract after the breach occurs. Expectation damages protect the interests of the injured party and make sure he gets compensated well. You may also like restaurant partnership agreements.
3. Punitive
Punitive damages are done to reform the defendant and others to avoid doing the same breach as stated in the lawsuit. This kind of damage does not intend to award the injured party but he may receive some of it.
4. Compensatory
Compensatory damage is the money awarded to the injured party to make up for the damages such as injury and loss. This type of damage is awarded as a result of negligence or unlawful act of the other party while the contract is in effect. Compensatory damages include medical treatments, physical therapy, transportation and increased living expenses.
In every business venture, having a written breach of partnership agreement will lay out what happens if there is a dispute or the other party suddenly makes a breach in the contract. Without that agreement, it will be hard to solve disputes. Seek legal action when the breach happens. This will help in curbing potential damages in the business and in your relationship with business partners. You may also like free agreements.
Always play your part in whatever agreement you may come into. This leads to a good relationship between you and your business partner. It is satisfying to be trusted by your business partners and see your business go into full blossom. You may also like printable agreement templates.
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