| Commentary

76.1 Overview of possible clauses

| Commentary

76 Drafting issues relating to the duty of good faith

76.1 Overview of possible clauses

The partnership agreement may contain a selection of ‘good faith’ clauses, that is terms which make explicit the duties implied by the common law. Accordingly, the agreement may exhort the partners to be just and faithful, disclose to their fellow partners any matters which may relate to the affairs of the partnership, and bring into the account of the partnership any fees, emoluments and commissions received from any position held whilst still a partner, unless the other partners agree otherwise.

In addition to these general

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