Answer to Question #168200 in Management for tetelo

Question

In which of the following situations would the actio pro socio NOT be the correct action to institute between partners?

(1) Partner A wants to apply for an interdict against Partner B to prevent Partner B from using the partnership assets for personal use.

(2) Partner A wants to apply for a court order declaring which part of the goodwill of the business he is entitled to after dissolution of the partnership.

(3) Partner A wants to apply for a court order forcing Partner B to comply with the provisions of the partnership agreement.

(4) Partner A wants to claim dissolution of the partnership because Partner B has acted in breach of their fiduciary relationship.

Answer 1

(2) Partner A wants to apply for a court order declaring which part of the goodwill of the business he is entitled to after dissolution of the partnership.