(b) Change in partnersThere 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
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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