Question
The only resources you need to use is the Partnership Act 1891 (SA) Utilise the IRAC method to address the following scenario. Jenny and Salma
The only resources you need to use is the Partnership Act 1891 (SA)
Utilise the IRAC method to address the following scenario. Jenny and Salma own a half-share in a fiberglass luxury boat which they spent months restoring together. During the restoration of this boat, they shared in the cost of materials (marine plywood, fiberglass matting, epoxy and polyester resin, etc.) on a 50/50 basis. They also brought their own tools and equipment to the project and did so with an expectation each of them would retain ownership in the tools and equipment they contributed once the restoration was completed.
When the restoration of their boat was completed, Jenny and Salma paid $10,000 each to buy another run-down boat, which they restored to its original condition. Again, they shared the cost of materials on a 50/50 basis and utilised their own tools and equipment to undertake the restoration. Subsequently, Jenny and Salma sold the second boat at an advantageous price, and each took a half-share in the profit generated. Jenny and Salma are contemplating purchasing a third run-down boat and taking it on as restoration project. They concede that they should contribute an equal share of the costs to acquire the boat. They intend to share the cost of restoring the boat equally and will continue to utilise the tools and equipment that have served them so well during two previous boat restorations. They also contemplate they will share equally any profits generated by this third boat restoration project. Required Clearly, the issue (I) is whether Jenny and Salma are now partners in a boat restoration business. What you must do is: a) Identify the rule (R) under which the issue as to whether Jenny and Salma are partners in a boat restoration business will be settled. b) Undertake a detailed analysis (A) of the facts and apply them to the rule identified in part a. c) Reach a conclusion (C) as to whether Jenny and Salma are partners in a boat restoration business. Support your responses with relevant legislation and/or case law
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