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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Lindley & Banks on Partnership 20th ed isbn 9780414060913

Lindley & Banks on Partnership 19th ed

ISBN13: 9781847037480
New Edition ISBN: 9780414060913
Previous Edition ISBN: 0421949600
Published: October 2010
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Now in its 19th edition, Lindley & Banks on Partnership gives you comprehensive and practical coverage of the law relating to both general and limited partnerships.

This title takes you through all aspects of the life of a partnership, from its nature and formation to the usual contents of a partnership agreement, common areas of dispute, the liabilities undertaken by partners both internally and externally and, finally, to dissolution, winding up and insolvency.

Throughout the book, you will find detailed chapters on complex topics in this area of law. For instance, the chapter on partnership agreements not only identifies the usual clauses to be found in such an agreement but also identifies particular topics to be covered and the disputes likely to arise in relation to each. Attention is also given to potential implications of the duty of good faith owed between partners.

This edition also offers updated and expanded coverage on the application of the discrimination legislation andthe doctrine of repudiation to partnerships. It explores the effect of recent amendments to the Civil Procedure Rules and the impact of Stamp Duty Land Tax.

Through its clear and concise interpretation and explanation of this complex area of law, it delivers thehighest level of practical insight and advice.


  • New chapter on Stamp Duty Land Tax and its implications for partnerships
  • Coverage of key new cases since the last edition
  • Fully analyses the application and effect of the doctrine of repudiation on partnerships
  • Analyses recent case law and legislation, commentingon their relevance, direct and indirect implications
  • Examines the formation of partnerships and the contentof partnership agreements
  • Details the relationships between partners, and betweenpartners and third parties
  • Considers potential pitfalls and causes of disputes offering practical advice on avoiding and resolving them
Frequently cited in court, Lindley & Banks on Partnership gives expert advice you can rely upon.

Partnership Law
Part One: The Nature of a Partnership
Definition of Partnership
General Nature of a Partnership
Capacity of Partners
Rules for Ascertaining the Existence of a Partnership
Consideration for a Contract of Partnership
Evidence by which a Partnership May Be Proved
Illegal Partnerships
Duration of Partnership
Part Two: Formation of a Partnership by FormalAgreement
Partnership Agreements
Corporate and Group Partnerships
Part Three: The Rights and Obligations of Partnersas Regards Third Parties
The Liability of a Partner for the Acts of his Co-Partners
The Nature and Duration of a Partner's Liability toThird Parties
Actions by and Against Partners
Part Four: The Rights and Obligations of PartnersBetween Themselves
Management and Decision Making
The Duty of Good Faith
Partnership Capital
Partnership Property
Partnership Shares
The Financial Rights and Duties of a Partner
Ascertainment and Division of Profits
Partnership Accounts
Actions Between Partners
Part Five: Dissolution and Winding-Up
Dissolution and its Causes
Winding-Up of the Partnership Affairs
Death of a Partner
Part Six: Limited Partnerships
Nature, Formation, Duration and Registrationof Limited Partnerships
The Rights and Obligations of Partners asRegards Third Parties
The Rights and Obligations of Partners Between Themselves
Dissolution and Winding-Up
Part Seven: Taxation
Income Tax
Capital Gains Tax
Inheritance Tax
Value Added Tax
Stamp Duty Land Tax