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s 47

Rights where partnership dissolved for fraud or misrepresentation

In force
Part 5Dissolution of partnership and its consequences

47 Rights where partnership dissolved for fraud or misrepresentation

Where the partnership agreement is rescinded on the ground of the fraud or misrepresentation of one of the parties to the agreement, the party entitled to rescind is, without prejudice to any other right, entitled—

(a)

to a lien on, or right of retention of, the surplus of the partnership property of the firm after satisfying the liabilities of the firm for any sum of money paid by the party for the purchase of a share in the partnership and for any capital contributed by the party; and

(b)

to stand in the place of the creditors of the firm for any payments made by the party in respect of the liabilities of the firm; and

(c)

to be indemnified by the person guilty of the fraud or making the representation against all the debts and liabilities of the firm.

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