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The Rights And Liabilities Of The Partners And Lemon International Limited Essay

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Before discuss the rights and liabilities of the partners and Lemon International Limited, the issues are that meaning of partnership (s5), whether a partnership is involved even there is no written agreement, and if so who the partners are as it will make differences on the liabilities of partners to third party (s12) and the power of partner to bind the firm (s8) of the Partnership Act 1891 (Qld). 3 main issues: 1. Whether there is a partnership between Mark, Sophia and Ben. 2. Depending upon 1, whether the firm is liable or Mark liable on his own. 3. Depending upon 1, whether Sophia and Ben are liable jointly. The test for the existence of a partnership should be applied, the definition of a partnership, the s5 of Partnership Act 1891 (Qld) states “Partnership is the relation which subsists between persons carrying on a business in common with a view of profit.”1 To further break down this definition and determine what is meant by the terms “carrying on business”, “business in common” and “in common with a view to profit”. The dictionary of the Partnership Act 1891 (Qld) defines a business as “including every trade, occupation and profession”. The term ‘carrying on business” can be determined by looking at precedent see Smith v Anderson 18802, in this case the court found “The expression ‘carrying on’ implies a repetition of acts or transactions. The next issue to determine is the phrase ‘in common with a view to profit”. To break this down we look for the definition

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