Partnership Cases

Created by jason1989 

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31 terms

A Single Venture may constitute a partnership

National Insurance Co of NZ v Bray(single property)

Those who engage in hobbies or other sporting activities with a view to gain may be excluded from the definition

Welch and Others v Jess(fishing trip)

A single venture may constitute a partnership; A large hobby element in the venture does not prevent the venture to be a partnership

Harrison v Franich(horse)

Preliminary Activity

Khan v Miah(resturant)

A business in Common

Lang v James(test)

Profit making need not be the dominant motive

Newstead v Frost

Sharing of Gross Returns

Cox v Coulson(gun)

Authority and Liability

Wooton v Stoffers(quote)

Salaried Partners (NO)

Walker v Hirsch(clerk)

Salaried Partners (YES)

Stekel v Ellice(promise of promotion)

Business of the kind

Mercantile Credit Ltd v Garrod(sold MV)

The act must be executed in the usual way

Goldberg v Jenkins(high interest)

Wrongful act or omission not confined to common law torts

Dubai Aluminium Co Ltd v Salaam(assisting fraud)

Liability for Frolics

National Commercial Banking Corp of Australia v Batty(director of co.)

A person must be known to be a partner before retirement

Elders Pastoral v Rutherford(non-notified retirement)

Must provide notification of retirement

Pont v Wilkins & Ors(clerk embezzling funds)

Indication of intention to retire not sufficient

Woods v FresherFoods Ltd(informal)

Change in firm's letterhead

Hammerhaven Pty Ltd v Ogge

s39(3) & Holding Out

Tower Cabinet v Ingram(defines apparent member)

Holding Out

Duke Group Ltd v Plimmer(report + letterhead)

Financial and Other Information (s31)

Law v Law(buy out)

Private Profits

Bently v Craven(sugar)

Private Profits(1)

Lindsley v Woodfull(valuable contract)

Competing against ones firm

Glassington v Thwaites(morning/evening newspaper)

Goodwill

Short v Gray

Property may be used in the partnership business, but it does not necessary become partnership property

Harvey v Harvey(father leaves farm to son); O'Brien v Komesaroff(quote)

Partnership property includes everything that all partners expressly or impliedly agree should, as between themselves be treated as partnership property

Don King Productions Ltd v Warren

If property has become an integral part of the partnership business it is likely it will be regarded as partnership property

Waterer v Waterer(inherited farm)

Property Brought with firm money

Carters Bros v Renouf(life insurance)

Proof of contrary intention

Kelly v Kelly(abalone permit)

Increased Value of Non-Partnership Property

Paton v Reck(prawn farming)

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