Dear Customer, thank you for using our service. My name is XXXXX XXXXX X would like to assist you today.
Your partner has breached their fiduciary duty to you by taking an asset to the partnership for personal use.
Similarly setting up a business in direct competition to the partnership constitutes a breach of fiduciary duty.
By entering into a partnership each of you owes the other a duty of good faith and fair dealing of the highest order, and taking business from the partnership constitutes a breach. To enforce your rights you can file a lawsuit against your partner to reclaim this business loss. You can also get a court judgment for injunctive relief regarding the competing care home.
If you wish to try resolutions short of litigation you can attempt mediation or arbitration (in my experience trial is equally effective to arbitration).
I hope the above is helpful, if you have any questions please do not hesitate to let me know and I will follow up quickly.
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