英国合伙企业法判例选.docVIP

LAW OF PARTNERSHIP - NOTES OF CASES?????????????????????????????????????????????????????????????????????????????????????????????????? ???? 1.???? Winsor v Shroeder (1979) 129 NLJ 1266 ???? Mrs Shroeder bought two houses with the intention of developing and re-selling them. ???? She found she had insufficient funds to proceed with the scheme, so agreed with Winsor, ???? a property dealer, to purchase the houses jointly and share the profits equally. It was said ???? that, while a single transaction was less likely to be regarded as a partnership, in this case ???? a partnership existed. The important consideration was not whether it was a single ???? venture but whether it was a commercial venture. ? ???? 2.?? Khan and another v Miah and others [2001] 1 All E.R. 282 ???? Five people were involved in a venture to open a restaurant, in which one of the ???? defendants was to be the manager and another defendant and one of the plaintiffs were ???? to be chefs. Another defendant was brought into the venture because of his commercial ???? expertise. Various transactions were carried out in connection with setting up the ???? business, including opening a joint bank account, obtaining premises and engaging ???? contractors to convert them into something suitable for a restaurant. Furniture and ???? equipment were also purchased. Three of the parties had obtained a loan from the bank ???? to buy the premises and this covered 80% of the cost, with the remaining 20% to be ???? contributed by two of them. The relationship between the parties broke down and was ???? terminated before the restaurant opened. The restaurant was opened and the business ???? carried on by the defendants. The plaintiffs were claiming a share of the capital and ???? profits of the partnership. The House of Lords held that a partnership has existed from ???? the time that the parties embarked on transactions on behalf of the joint venture, and not ???? just from the time the res