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ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 1528
Experience:  Bar Professional Training Course
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My business partner has set up a same business in the same

Customer Question

My business partner has set up a same business in the same county. He has also used the manager who is employed for our company to assist him. Is there anything I can do. As at the moment I feel the trust has gone out of our relationship.
Submitted: 6 months ago.
Category: Family Law
Expert:  ReadyLaw replied 6 months ago.

Good day your question has been forwarded to me to see if I may be able to assist.

Expert:  ReadyLaw replied 6 months ago.

Unfortunately, I do not know the background information to the scenario you have posed. Can you give me a brief overview so that I may be able to see if I can assist?

Customer: replied 6 months ago.
My business partner of six years are in the process of opening a similar business approximately ten miles from our current business.
I discovered that he and the manager who is employed by our joint business was instrumental in setting up this business.
I have lost trust in continuing to work with either of them. Have I got any legal comeback.
I have 51% of the shares and he own 49%.
Expert:  ReadyLaw replied 6 months ago.

Was the business set up as a partnership or a company?

Customer: replied 6 months ago.
Expert:  ReadyLaw replied 6 months ago.
Thanks.The basis of any potential claims you may have against him would rest in the agreement that you entered into at the commencement of the business. You will have to go back to your partnership agreement. Most times they will have what is called a non solicitation clause or a non competition clause preventing an ex partner from settting up within certain proximity to its previous business or from doing business with precious clients/customers.Have a look at your agreement to see whether provisions have been made for this. If it has, you may be able to make an application to the court for an injunction and/or damages for breach of contract as well as the effect this has had on your business.I hope I was able to clarify things for you. Do let me know if I may be of further assistance. Please take the time to rate the services received.Best wishes