Question
Please answer this question correctly/ to the best of your ability or you will be reported. Morons continue using 1 sentence and random answers that
Please answer this question correctly/ to the best of your ability or you will be reported. Morons continue using 1 sentence and random answers that are not related to the question.
Will and Ben run a small plant nursery called Flowerpot Men. Will does not take an active role
in the day to day management of the nursery but Will often help Ben with major business
decisions. Will and Ben have agreed that Will should only receive 25% of the profits whilst Ben
will receive 75%. They have also agreed that Will should only be liable for 25% of the costs of
the business. No one but Will and Ben is aware of this arrangement.
After being successful for quite a while the business collapsed and closed down. Ben has taken
all the cash out of the bank and disappeared. Before leaving, Ben borrowed $10,000 from a
finance company, Rip-Off Ltd, at very high interest rates. Ben told Rip-Off that he was
authorised by Flowerpot Men to borrow the money for the purpose of expanding the business.
This was not true. The money disappeared along with Ben. Rip-Off wants Will to repay the
$10,000. Will claims that he is not responsible as the money was used for Ben's own purposes.
Alternatively, Will claims that, if he is liable, his liability is limited to $2,500 (i.e. 25%).
In addition, Will was contacted a week later by a person who said he paid Ben $1,000 for a new
sapling which had not been delivered and that Will should reimburse him. This was one of many
complaints received by Will indicating that Ben was still taking orders from even though the
business was closed.
Share profits unequally sharing rights
Share management for important decisions, but not day-to-dayu
Registered a business name
Also sharing costs responsibilities
Agreement is unwritten
Ongoing evidence? have been successful for quite a while
a) Does a partnership exist between Will and Ben? 5 Marks
b) Advise Will about his liability to Rip-Off under the Partnership Act. 5 Marks
c) What should Will to prevent any further liabilities from the business. - 5 Marks
Please use the IRAC format and relevant cases/Australian law when answering this question
There is no business law section, so it is placed here
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