Question
Find the Partnership Act 1891 (Tas) on the Tasmanian government legislation online and locate when it was last amended. Take a look at the amendments
Find the Partnership Act 1891 (Tas) on the Tasmanian government legislation online and locate when it was last amended. Take a look at the amendments over the years. How does that help you understand the process of legislation being passed initially in 1891 but being reviewed for currency?
3. Greer and Gus run a garden shop together. They have been doing this for one year. Every week Gus does the orders of plants to sell at the shop as well as decorative pots. One week Gus decides to order some garden gnomes. It seems that on social media they have made a resurgence. Greer says she did not authorise the order of gnomes. With reference to the cases discussed this week advise Greer on what the likely legal position is.
4. Pedro is part of an association, he thinks. Can you advise him on the following:
a. What does an incorporated association mean?
b. Can an association have a separate legal entity (to the committee members)?
c. If the association is running the local film group in Deloraine should he consider a joint venture with the neighbouring village film group (Railton) to host a French film festival in April or should he look at forming a partnership with the other chair of the association?
d. If he did form a relationship with the other Chair, Penny, to run a 5 day film festival and they agreed to split profits 60/40 to reflect Pedro's Association's greater contribution, how might you characterise that relationship?
e. Would it be different if they were adamant in calling it a partnership? f. Could Penny form a relationship with Sheffield film group to run an Italian film festival and not involve Pedro?
5. Look up section 38 of the Tasmanian Partnership Act and review it. Advise Bella. She is in partnership with Rosco and they have been trading as a kite makers for 5 years. Sadly, Rosco suffers a fatal heart attack at a kite festival and dies. Their partnership agreement is oral. What does this mean for the partnership?
6. Rosco's wife Sunnie wants to claim on the partnership property following his death. She did inherit his draw on the annual profits as they had just been drawn and paid to his account. The assets of the partnership are the kite shop lease, good will, the stock in the shop and the kite making equipment. Does Sunnie inherit this as part of Rosco's will which leaves all his property real and personal to her?
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