Chapter 7: Business Structures

Revision questions in textbook - Questions 1-5:

1) What are the advantages and disadvantages of being a sole trader compared to a partnership? Explain the difference between a general partnership and a limited partnership.

2) Explain agency and how it relates to partnership.

3) How do you distinguish a joint venture from a partnership?

4) Identify the key parties to a trust and explain their roles.

5) How do you register a business name in Australia?

Problem question in textbook:

Lucy, Seamus and Koo are students who are keen to earn an income in their spare time to finance their studies. Lucy has a truck, Seamus owns a lawnmower and Koo has a computer. They print flyers advertising LuSeKo Mowing Service, their registered business name, which they drop in neighbourhood letterboxes. Within a short time they have a list of regular clients. Seamus cuts the grass, Lucy removes the clippings in her truck and Koo keeps the accounts. Seamus decides that they need an industrial ride-on mower and orders one from FastCut Mowers in the name of LuSeKo. Lucy and Koo were not consulted about this purchase. Meanwhile Lucy develops a separate business relationship with many of LuSeKo's clients by removing rubbish from their properties on weekends while Seamus and Koo are busy studying. These clients pay Lucy in cash which she deposits in her personal bank account. Lucy does not disclose these jobs to Seamus and Koo. When FastCut's bill arrives, Koo is particularly upset when she realises there is insufficient money in the accounts to pay for the ride-on mower. While operating the ride-on mower, Seamus hits a stump and is flung under the rotating blades and later dies as a result of his injuries.

1. Are Lucy, Seamus and Koo carrying on a partnership?

2. Assuming that Lucy, Seamus and Koo are in partnership would Lucy and Koo be liable to contribute to the purchase of the ride-on mower?

3. Is Lucy in breach of any partnership duties as a result of carrying out her weekend work?

4. If FastCut wishes to commence a legal action against LuSeKo to recover the purchase price of the ride-on mower, how could FastCut discover who the individuals are behind that business name?

5. What effect will Seamus' death have on the partnership?

6. How would Lucy and Koo determine what is partnership property? How would it be used to meet the LuSeKo's losses?

Business and Corporations Law, 3^rd edition, Revisions questions and solutions, Chapter 7

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