Partnership Law Third Year Daw Zar Zar Win

Business Law CL-3001

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there must be an association of two or more persons

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there must be an agreement for carrying on business

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the agreement must be related to share of profits

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the business must be carried on by all or any of them acting for all

An association of two or more persons

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It is necessary that there should be more than

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one person in order to constitute a partnership

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Just as no man can contract with himself alone

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Similarly, no man can be a partner with himself

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any person who is not a minor and

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who is of sound mind can be a partner

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the number of partner

reduced

in a partnership firm is

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

by death or becoming insolvent, it is compulsorily dissolved by section 41 (1)

Maung pe Thaung v. Toungoo Timber Company, 10

Ran.204 

two persons carried on business partnership

in timber trading and their main expenditure 

was borrowed by plaintiff to one of the parties on behalf of

the firm on promissory note 

the Court held that activities of firm ware of the nature of

buying and selling which the marks of a trading firm

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a partner has authority to borrow money on behalf of the firm

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so, the management of partnership

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in the hands of all the partners

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they entitled to take an active part in such management

There must be an agreement between partners 

a partnership is formed by an agreement either express of implied

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 

agreement may be either in writing or oral or

made by the conduct of the parties partnership relationship agreement between the parties

Koo Gyee Hoke and six others v. Wee Tin Shan and four others [ 1967 B.L.R. (CC ) p.170 ]   

a partnership firm name of Sin Eng Choon established 70 years ago

Two partner “Koo Ban Pan and Wee Po Ee’’

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Wee Po Ee died in 1982

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Since then, Ko Ban Pan conduct had along been in the nature of sole proprietorship

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Daw Khet, wife of Wee Po Ee enjoyed a defined share

of the profits

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Section 42 of the partnership Act provides there is no contrary term,

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a partnership firm formed only two persons is

dissolved a partner dies 

Daw Khet the death her son plaintiff Wee Tin Shan never became a partner

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he has no right to sue a partner as a partner of its

firm 

because there was no testimony that he as a partner in that business

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Therefore, it can be seen that if there is no agreement

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either in writing or oral or by the conduct of the parties to enter into a partnership business

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So, They can not be held as a partners in that business

Thank you

Reference 

Law of Partnership ,1930