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4:4 tocs+ E10 There are 2 problem questions. Answer both questions following the ILAC method of answering legal problem questions. Question 1: {3 Marks} Kynas,
4:4 tocs+ E10 There are 2 problem questions. Answer both questions following the ILAC method of answering legal problem questions. Question 1: {3 Marks} Kynas, Yoda, and Zorro are partners of a prominent stock and station agency firm known as Miracle Buddies in Grifth, which is located in the south-western part of New South Wales. The business of the rm involves acting as a professional agent for the buying and selling of rural property and livestock and providing property management services in relation to any fam'iing land. Yoda lent $25,i]i] to his daughter, Rosa under a document entitled "Contract of Loan\". Because of his experience of working as a paralegal in a law rm, he decided to draft the document himself. The purpose of the loan was to help the new cattle breeding business called Cattle Battle, which Rosa establishes and operates near Griffith, to purchase new livestock and expand. Yoda did not inform his other partners about this loan. The contract includes the following terms: 3|7'age i. Yoda and Ross are not partners and do not intend to be partners. 2. Ross hereby assigns to Yoda onethird of her interest in Cattle Battle, including the right to receive one-third of Rosa's profits from the business. 3. Ross shall keep Yoda informed as to the affairs of Cattle Battle and shall consult with Yoda before taking any major decisions concerning the business. 4. To avoid any conflict of interest, Cattle Battle shall transact no business with lvliracle Buddies and in particular shall not employ lv'liracle Buddies as agent for the sale of cattle or other property. The contract has operated for ve years, and Yoda has received considerable prots from it. Answer the following questions: {a} By referring to relevant statutory provisions and case laws, explain whether there is a partnership between Yoda and Ross in relation to the business of Cate Battle. {5 marks} {b} By referring to relevant statutory provisions and case laws, explain whether the other partners of Miracle Buddies can bring action against Yoda with respect to his participation in Cattle Battle? {3 marl-ts}
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