How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Lawyer
Category: Family Law
Satisfied Customers: 865
Experience:  Adjunct Lecturer at University of Technology
104128041
Type Your Family Law Question Here...
ReadyLaw is online now

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: 14 days ago.
Category: Family Law
Expert:  ReadyLaw replied 14 days ago.

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

Expert:  ReadyLaw replied 14 days 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 14 days 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 14 days ago.

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

Customer: replied 14 days ago.
No.
Expert:  ReadyLaw replied 14 days 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
RL