Legal Question in Business Law in United Kingdom

Breach of contract; remedy; liability

Can I seek payment from the spouse of the individual who signed and breached a contract?

The individual is a principal in a 2-party partnership. The contract was signed by both partners. The partners have defaulted, claim no assets to pay, although assets have been transferred to a spouse.

Aside from signed contract, have several emails establishing intent/promise to pay full value of contract.

The partnership is off-shore, the business is conducted and the partners/spouse reside in UK. I am US citizen, with US-based business.


Asked on 5/24/02, 9:39 pm

1 Answer from Attorneys
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: Breach of contract; remedy; liability

Unless this is a limited liability partnership (providing limited protection to certain partners) or the individual you want to sue is considered a "silent partner" (does not take part in management of the company), you can sue him/them as individuals and I assume you would sue the partnership itself as well. (I don't handle litigation so I'm not sure how the defendants in this law suit would be named.)

However, as you have indicated, the real problem may be that they have made themselves judgement proof by hiding assets of the partnership as well as hiding their personal assets.

I suggest you see an attorney to review the terms of the subject contract, as well as to determine the type of partnership that is involved. An attorney may also be able to help you locate any assets the partnership and these invididuals have.

Good luck,

Sarah Klug

Read more
Answered on 5/25/02, 6:11 am


Related Questions & Answers

More Business Law questions and answers in United Kingdom