Formation and duration of partnership

Graw, Stephen (2018) Formation and duration of partnership. In: Sue, Shannon J., (ed.) Partnerships and Joint Ventures. Halsbury's Laws of Australia . LexisNexis Butterworths, Sydney, NSW, Australia, pp. 556056-556122.

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[Extract] Partnership agreements or articles, as they are commonly known, regulate the relationship be-tween partners.1 The partnership relationship is also regulated by the partnership legislation.2 However, certain provisions of the partnership legislation will not apply if the partnership agreement contains provisions that contradict them.3 Partnership agreements are usually in writing, but, like other contracts, they may also be oral, partly written and partly oral or even implied from the parties' actions.4 In the absence of a written agreement, the parties' intentions must be objectively ascertained from their words and conduct.5 They may also be varied orally, by consent or by conduct.6 The law of partnership does not impose itself upon a contract so as to alter the rights and duties of the par-ties from those stipulated in the terms of the contract.

Item ID: 53285
Item Type: Book Chapter (Later Edition)
ISBN: 978-0-409-30467-1
Keywords: partnership; or, partnership agreement; or, capacity to enter into partnerships; or, illegality; or, duration and continuation of partnerships
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Date Deposited: 24 Jul 2018 04:19
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180109 Corporations and Associations Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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