Tom, Reena and Terry have been running "Magic Wonders, a children's birthday party business specialising in magic shows for birthday parties for children. They don't have an office but have a website and work out of Terry's lounge. Terry is the creative force behind "Magic Wonders," he came up with the idea for the business and is the magician for all the magic shows, with Reena acting as his assistant. Reena attends to all the appointments and marketing of the business, while Tom is the general manager and in charge of stock control; Reena and Tom are both paid a salary from "Magic Wonders" but are also mentioned on the letterhead as partners. Terry is not paid a salary, but instead he retains the remaining profits once all debts and salaries are paid. One month after his appointment Terry is performing his magic show at a customer's birthday party. As he is blowing air into a balloon with a little toy panda in it, the balloon burst and the toy flies out, hits and injures the eye of a child standing nearby. It turns out that the child has been permanently blinded by the incident, and his parents are now suing "Magic Wonders." Advise whether: a) there is a valid partnership between Tom, Reena and Terry.

CONCEPTS IN FED.TAX.,2020-W/ACCESS
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ISBN:9780357110362
Author:Murphy
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Chapter14: Choice Of Business Entity—operations And Distributions
Section: Chapter Questions
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Kindly answer for part a) only

Tom, Reena and Terry have been running "Magic Wonders," a children's birthday party business specialising
in magic shows for birthday parties for children. They don't have an office but have a website and work out
of Terry's lounge. Terry is the creative force behind "Magic Wonders," he came up with the idea for the
business and is the magician for all the magic shows, with Reena acting as his assistant. Reena attends to all
the appointments and marketing of the business, while Tom is the general manager and in charge of stock
control;
Reena and Tom are both paid a salary from “Magic Wonders" but are also mentioned on the letterhead as
partners. Terry is not paid a salary, but instead he retains the remaining profits once all debts and salaries
are paid.
One month after his appointment Terry is performing his magic show at a customer's birthday party. As he is
blowing air into a balloon with a little toy panda in it, the balloon burst and the toy flies out, hits and injures
the eye of a child standing nearby. It turns out that the child has been permanently blinded by the incident,
and his parents are now suing "Magic Wonders."
Advise whether:
a) there is a valid partnership between Tom, Reena and Terry.
b) the partnership may be held liable for the injuries of the child.
Discuss and support your answer to (a) and (b) with reference to the Partnership Act 1961 and decided cases.
Transcribed Image Text:Tom, Reena and Terry have been running "Magic Wonders," a children's birthday party business specialising in magic shows for birthday parties for children. They don't have an office but have a website and work out of Terry's lounge. Terry is the creative force behind "Magic Wonders," he came up with the idea for the business and is the magician for all the magic shows, with Reena acting as his assistant. Reena attends to all the appointments and marketing of the business, while Tom is the general manager and in charge of stock control; Reena and Tom are both paid a salary from “Magic Wonders" but are also mentioned on the letterhead as partners. Terry is not paid a salary, but instead he retains the remaining profits once all debts and salaries are paid. One month after his appointment Terry is performing his magic show at a customer's birthday party. As he is blowing air into a balloon with a little toy panda in it, the balloon burst and the toy flies out, hits and injures the eye of a child standing nearby. It turns out that the child has been permanently blinded by the incident, and his parents are now suing "Magic Wonders." Advise whether: a) there is a valid partnership between Tom, Reena and Terry. b) the partnership may be held liable for the injuries of the child. Discuss and support your answer to (a) and (b) with reference to the Partnership Act 1961 and decided cases.
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