| Commentary

45.2 Existence of partnership

| Commentary

45.2 Existence of partnership

Whether or not a partnership exists between two persons is always a question of fact that does not depend solely on the documents which they have executed or even the express statements which they have made. If a relationship has all the properties of a partnership, an express written provision by the parties denying the existence of a partnership may be insufficient to prevent one being held to exist. The definition to be applied is that set out in the Partnership Act 1890: ‘the relation which subsists between persons carrying on a business in common with

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