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Kai is a university student. To support himself, he offers snow removal services during the winter months and gardening services in the spring and summer.
Kai is a university student. To support himself, he offers snow removal services during the winter months and gardening services in the spring and summer. As winter approaches, business begins to pick up for Kai. By November, he has signed so many contracts for snow removal services that he realizes that he will need help to meet all the demand. Kai approaches Mindy, who owns a snow plow and who has indicated in the past that she might be interested in working with Kai. Kai and Mindy discuss how they might structure an arrangement in which Mindy provides plowing services for some of Kais clients. They come to an agreement, the details of which include the following:
Mindy will use her own snow plow and will be solely responsible for all expenses related to the snow plow eg gas, maintenance, etc
Kai will be solely responsible for his expenses, and Mindy will not be expected to contribute to Kais overhead costs.
Mindy will provide all the snow removal services for ten of Kais clients. Kai and Mindy have jointly agreed to the ten clients who will receive services from Mindy. It will be Mindys responsibility to ensure that those clients receive proper services after every snowfall.
The clients will pay Kai. Kai will, in turn, pay Mindy
Mindy will be paid a fixed amount per client for the entire season. Kai will make the payments to Mindy in monthly instalments.
Based on the above facts, would a court find that Kai and Mindy are in a
partnership? Yes or No Explain and support your answer by identifying the applicable law and applying the law to the facts.
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