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Elements of Partnership

Three main elements of Partnership:

A) Carrying on of a business:

• A ‘business’ is any trade, occupation or profession and it must be an active occupation or profession continuously carried on: Smith v Anderson (1880)
• An isolated transaction or a single venture will not be treated as a partnership

B) Carrying on a business in common:

• The business must be carried on by, or on behalf of, all the partners in an agency relationship

C) With a view to profit:

• The parties should intend to make a gain or profit.

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