| Commentary

(b) Change in partners

| Commentary

(b)     Change in partners

There is an old authority that a change in the employing partnership brings to an end the contracts of the employees (Brace v Calder [1895] 2 QB 253). This is because at common law retirement serves to dissolve the partnership. The common law position may be displaced by a contractual stipulation in a partnership agreement that the partnership shall continue in such circumstances.

Logically, the death of a partner ought to frustrate the contract of employment rather than break it. In any event it may not be too difficult to imply an appropriate term into

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