177. Dissolution on expulsion.

177.     Dissolution on expulsion.

A power of expulsion conferred by a partnership agreement1 is strictly construed and must be exercised by all the partners whose concurrence may be necessary under the partnership agreement2. The power of expulsion must also be exercised in the utmost good faith3. It is questionable to what extent a partner whom it is proposed to expel is entitled to an opportunity to meet the case against him or to explain his conduct4.

An expulsion clause may survive the expiry of a fixed-term partnership where the partners continue the partnership as partners at will5.

Where, by