Commentary

80 Considerations for the parties

AGRICULTURE vol 2(2)
| Commentary

80 Considerations for the parties

| Commentary

80 Considerations for the parties

The share farming agreements in this title1 are designed to fall outside the definition of partnership, but in cases which provide for a greater degree of sharing of contributions towards the joint venture, no guarantee can be given that the structure is not in fact a partnership. It may well be that the parties are prepared to accept that what they have created is by inadvertence a partnership, but they must accept the consequences of the arrangement being held, despite their intentions, to be an arrangement of that nature.

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