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Phaius Of Tharga Pty Ltd

Satisfactory Essays

Under the section 5 subsection 1 of the Partnership Act in Queensland, a Partnership is defined as ‘…the relation which subsists between persons carrying on a business in common with a view of profit.’ Ali and Tom ran an online business which sold seedlings of rare native plants bred by Ali’s own business Phaius of Tharga Pty Ltd. This shows that both parties had a joint ownership of the business with a presumed common interest in profit, from which adequately fits with the above description of a partnership. The essential characteristics of a fiduciary relationship requires "….mutual confidence and trust…." between the parties to a degree where in the actual circumstances the principal can reasonably expect the fiduciary to act in the principal’s interest in the relationship. …show more content…

Furthermore, both parties entered into a shared business partnership. Justice Dixon in a judgement discussed a partner relationship as “a stronger case of fiduciary relationship… ‘Their mutual confidence is the lifeblood of the concern. It is because they trust one another that they are partners in the first instance; it is because they continue to trust one another that the business goes on’ … The relation is based, in some degree, upon a mutual confidence that the partners will engage in some particular kind of activity or transaction for the joint advantage only. In some degree, it arises from the very fact that they are associated for such a common end and are agents for one another in its accomplishment.” The culmination of friendship and the above considerations by Justice Dixon strengths that fact that the relationship in its totality is one that equity would assign as a fiduciary

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