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Partnership In Business Law Essay

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TABLE OF CONTENT

1. Introduction ..............................3 2. The essential elements of partnership …………………..4 3. Bibliography ……………...…..13 4. Table of Cases ………………....13

Introduction

The partnership as a form of business enterprise developed from the concept that if two of more individual owners joined forces a stronger entity would develop because they would then have at their disposal their combined resources, financial, skills and others. The South African law of partnership is largely governed by common law principles,[1] which is similar in Namibia.

A partnership may be described as a legal relationship that arises contractually between it is concluded …show more content…

According to the agreement, the appellant let to Gascoyne the Bellevue Colliery, with plant, tools, implements and etc. The terms of the tenancy were from the 1st day of June (1913) for an indefinite period, but terminable by either parties giving six month notice to the other to that effect. Other important stipulations in the agreement were that, firstly Gascoyne was to pay one half of the net profit derived from operating the mine to Joubert as lien for rent; secondly Gascoyne was to work the in a proper manner with the aim of making a profit. As security for proper payment of the consideration owed to Joubert, they agreed to open an account in the name of Bellevue Colliery, which was to be operated jointly by the parties, and cheques were to be signed by both parties; moreover all monies earned by the mine were to be paid into the said bank account, and all liabilities or accounts were to be paid by cheque. Gascoyne was to furnish Joubert with monthly financial statements showing the estimated profit earning for the month.

The Court accepted Pothier’s formulation of the essentialia of partnership, stating: “Now, what constitutes a partnership between persons is not always an easy matter to determine. The definitions which have been quoted to the Court differ to some extent. But I think we are safe if we adopt the essentials which have been laid down by Pothier on Partnership, borne out as these are by the definitions which he gives of partnership. These

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