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LLB452 Case Study

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Case Study - question one - partnerships. question two - actual/apparent/implied authority and principles of agency

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LLB452 Case Study
Topics this document covers:
Australian corporate law Proprietary company South African law English contract law Law
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Topics this document covers:
Australian corporate law Proprietary company South African law English contract law Law
Sample Text:
1 It is a (voluntary contractual)2 relationship between persons3 ‘carrying on business in common with a view of profit’. For a partnership to exist, the following elements must be satisfied:4 (i) valid agreement between the parties5 (express or implied by conduct); (ii) carrying on a business (this is satisfied by establishing that a commercial enterprise exists.6 S3 defines ‘business’ as any (active and continuing)7 trade, occupation, or profession). Sue may have difficulty here. In Keith Spicer Ltd v Mansell8 the court held no partnership existed at the pre-incorporation stage as the parties had not been carrying on a business. In Pioneer Concrete Services Ltd v Galli9 a distinction was likewise made between preparatory activities and activities constituting the actual carrying on of business. In Goudberg v Herniman10 ...
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