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MRL2601 Assignment 1 and 2 Semester 2 2024 | Due 27 August 2024 with complete solution
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MRL2601 Assignment 1 and 2 Semester 2 2024 | Due 27 August 2024 with complete solution
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MRL2601 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 27 AUGUST 2024 - ( FULLY REFERENCED WITH FOOTNOTES - DISTINCTION GUARANTEED)
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MRL2601 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (867833) - DUE 27 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
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MLR2601 ASSIGNMENT 1SEMESTER 2 2024 DUE
27 AUGUST 2024
, MRL2601 Assignment 1
QUESTION 1 Explain, with reference to relevant prescribed case law for this module, how
the court determines whether a specific business is a partnership. (10)
To determine whether a specific business is a partnership, South African courts typically refer to
the criteria set out in both statutory law and case law. A partnership is defined as a contract
between two or more persons who agree to combine their resources or efforts for a joint
purpose, with the intention of sharing profits. The key elements that courts consider to identify a
partnership include the following:
1. Agreement: There must be an agreement, whether written, oral, or implied by conduct,
among the partners.
2. Contribution: Each partner must contribute something to the partnership, which could
be money, property, or skills.
3. Profit-sharing: The partners must have an intention to share the profits of the business.
4. Mutual Agency: Each partner must act as an agent of the others, having the authority to
bind the partnership in transactions with third parties.
5. Objective: The partnership must be carried out for a lawful purpose.
Relevant case law helps elucidate these principles:
1. Pezzutto v Dreyer [1992] (3) SA 379 (A)
In this case, the court held that merely sharing profits is not conclusive evidence of a
partnership. The court emphasized the importance of mutual agency and joint control over the
business. The presence of an agreement to share losses is also indicative of a partnership.
2. Joubert v Tarry & Co [1915] AD 1
This case highlighted the importance of intention among the parties to create a partnership. The
court considered the agreement between the parties, their conduct, and how they presented
their business relationship to the outside world.
3. Purdon v Muller [1961] (2) SA 211 (A)
The court in this case analyzed whether the parties had a mutual right to manage and control
the business. The presence of equal control and decision-making power was a strong indicator
of a partnership.
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