HI6027 Business and Corporations Law: Contract and Partnership Report

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Added on  2023/06/04

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This report addresses a group assignment focusing on contract, partnership, and corporations law. It analyzes a case study involving contract law, specifically addressing the capacity of minors and beneficial contracts. The report also delves into partnership law, examining the elements of a partnership, fiduciary duties, and the implications of business property and liability. The case of Lucy, Seamus, and Koo is analyzed to illustrate these concepts. Furthermore, the report covers corporations law, providing a comprehensive overview of legal principles and practical applications. The assignment is designed to provide a thorough understanding of these legal areas, including case analysis, and to demonstrate the application of legal principles to real-world scenarios. This report will help students understand complex legal concepts.
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PARTNERSHIP
AND CONTRACT
LAW
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CONTRACT LAW
Capacity is one of the main elements to
get into a contract
In general Minors do not have the
capacity to get into a contract
A minor is a person who is less than 18
years old
However there are certain exceptions in
relation to the general rules
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CAPACITY OF MINOR
In case of contract of necessaries (food,
accommodation and clothing)
Beneficial contract of employment
(Apprenticeship, training and education)
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CASE OF JOHN
John is bound to purchase the tools as it
is a contract of beneficial services
He can enforce the contract to gain
profit as the contract is beneficial for
him
The liquidator cannot sue John in
relation to the money owed on shares
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PARTNERSHIP
partners have to carry out a business
activity
partners have to have the intention of
making profit through the business
activity
the business activity have to be carried
out by the partners in common
In a partnership business the partners
are considered to be liable jointly and
severally
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PARTNERSHIP
When the parties are carrying out business in
form of a partnership they are in a fiduciary
relationship with the business and with the
other partners.
In a partnership, no limited liability protection
is provided to the partners. This signifies that
the partners can be personally liable for any
loss which has been incurred by the business.
A partnership business comes to an end when
the partner dies.
the property of the partnership is the property
which is used for carrying out the business.
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CASE OF LUCY, SEAMUS
AND KOO
There is a partnership between the parties
The parties would be required to contribute
towards the payment regarding the ride-on
mower
Duty of not making secret profit has been
breached by Lucy by making secret profit on
weekends
Fastcut can make the owners of the partnership
business personally liable in case of a legal
action
If Seamus dies the partnership will end
The computer, Mower and truck are the
property of the business.
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