MRL2601 Assignment 1 2025 – Due 13 March 2025

ASSIGNMENT 1
Question 1
Two partners who are practicing as dentists, Susan and Jane, decide to dissolve thepartnership by agreement. The partnership agreement is silent regarding the goodwill
of the partnership. Jane continues practicing as a dentist and de facto takes the
partnership’s
clients (valued at R1 million) over for her own benefit. Susan feels it is unfair that Jane
has taken over all the clients and wishes to institute legal action to claim her part of the
goodwill. Explain whether there is a remedy at Susan’s disposal in these
circumstances.
According to the common law principles of partnership, goodwill is regarded as an intangasset that forms part of the partnership’s assets and must be shared equally among the
partners upon dissolution¹. In this case, the partnership agreement between Susan and Jais silent on the issue of goodwill. When unilaterally taking over the partnership’s clients foown benefit, Jane has acted unfairly and deprived Susan of her rightful share of the good