Question
Jemima and Nirosha have been running a business together called IC2U since July 2015. It sells ice-creams at markets and other events, mostly on the
Jemima and Nirosha have been running a business together called IC2U since July 2015. It
sells ice-creams at markets and other events, mostly on the weekends. Jemima owns the
van they use and Nirosha pays for the stock. They share the profits from IC2U 60/40, with
Jemima taking 60% because she owns the van and has agreed to do the accounts for the
business. They have never put their arrangement into writing because they've decided
they don't want to have any legal connections between them. In early November 2015,
Jemima disappeared, taking the van with her, and leaving the stock of ice-cream behind
in her garage. Nirosha soon discovers that Jemima had run up a lot of debts. Jemima's debts
are as follows:
$1750 for repairs to the van aNer Jemima damaged it when she took it on a holiday in
May 2015, prior to starting IC2U with Nirosha. Nirosha had asked about the van when they started
out, but Jemima said 'there's nothing owing on it anymore - I own it outright so we can
use it for the business, no problems'.
$850 for a marketing 'wrap' that had been placed on the van, showing the IC2U logo and
various slogans for the business.
$2400 for IC2U's logo design and a large stock of Pyers and other marketing material
that had been printed for the business.
Niroshaalso finds an account book in Jemima's garage that shows Jemima was keeping more of
the profits from the business than they had agreed to - it is more like 80%.
Legally, what type of business relationship are Nirosha and Jemima in? Consider the various
types of business structure (as discussed in this subject) and evaluate whether or not
any of them apply to IC2U. Please justify your answer with related legislation and case law.
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