09. CASES on Sole Traders and Partnerships.

Question 1

Khan v Miah (2001)

Answer 1

Preparations for a partnership, in this case a restaurant, were deemed sufficient to establish that a partnership existed despite no trading having yet taken place.

Question 2

Davies v Newman (2000)

Answer 2

For a partnership to be deemed to exist, there must be a view of profit. Here the purpose of a common endeavour was to gain business experience.

Question 3

Everet v Williams (1725)

Answer 3

The court refused to enforce the rights of a partner due to the business of the firm being illegal (highway robbery).