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Organizations Law - BULAW2611

   

Added on  2020-03-04

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Organisation LawSTUDENT ID:[Pick the date]

Organisations LawQuestion 1IssueThe central concern is to determine if there is a partnership existing between Chas, Dave,Sally and Lindy.Relevant LawA partnership firm may be defined as follows.“An ordinary partnership is a partnership composed of definite individuals bound togetherby contract between themselves to continue combined for some joint object, either duringpleasure or during a limited time, and is essentially composed of the persons originallyentering into the contract with one another” – James LJ in Smith v Anderson1.As per s.1 of the Partnership Act 1892, the following three conditions need to be satisfied inorder to ensure that there is a partnership.The business being carried on – This typically emphasis on the underlying businessactivity being of continuous nature rather than being an isolated activity as indicatedby the verdict in the Smith v Anderson2. Isolated undertakings are commonly referredto as joint ventures. However, in the recent times, even partnerships formed forisolated events or transactions have also been termed as partnership taking intoconsideration the underlying scope and nature of the activities3. This is apparent fromthe verdict of the United DominionsCorporation Ltd v Brian Pty Ltd4 case. Further,1James LJ in Smith v Anderson (1880) 15 Ch D 247 at 2732Smith v Anderson (1880) 15 Ch D 2473Vermeesch Robert Bryan, Lindgren Kevin Edmund, Business Law of Australia (Butterworths, 12th ed. 2011) 201-1. 4United DominionsCorporation Ltd v Brian Pty Ltd and others (1985) 157 CLR 11

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