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Harry and Hermione formed a delivery business on May 1st known as H & H Delivery and filed a partnership registration. It was agreed that

Harry and Hermione formed a delivery business on May 1st known as H & H Delivery and filed a partnership registration. It was agreed that initially the business would use Harry's car and, as business expanded, Hermione's car could also be used. The business operated from a small office in Harry's home. Both parties took a salary based upon the number of hours that they worked at $20.00/hour and it was agreed that any additional monies, after expenses, would be divided equally.

Both parties worked in the business for six (6) months. However, Hermione refused to make her car available and, as a result, Harry was required to rent an additional car at a cost of $600.00 per month to accommodate the additional employee that was hired. As well, although Harry and Hermione had originally worked the same hours, Harry found that he was now working twice as many hours as Hermione. Hermione, it was discovered, had signed with Uber as a driver and found it more lucrative to drive for Uber than to deliver parcels at the rate charged by H & H Delivery. She had made $30,000.00 from Uber during the 6 month period.

On November 1st, Harry advised Hermione that her services were no longer required and that there was no partnership since Hermione did not provide her car. Hermione sued for a declaration that she was a partner and that she was entitled to 50% of the business. Harry filed a counterclaim claiming that he was entitled to 50% of the money earned by Hermione driving for Uber. Hermione stated that all of her Uber earnings were earned by her corporation, Hermiones Speedy Delivery Ltd., and that Harry has no right to proceed against the Corporation.

What will be the result of the law suit? Be certain to refer to and explain the applicable legal principles as part of your answer.

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