Law of Business

New Zealand Legal System
Courts:
The supreme court of NZ/ the NZ court of Appeal/ The High Court/ THE District Courts
Overview: statuts, common law
Where do NZ laws come from?
What are the three different meanings of the term common law
Contract 的定义：
Tort, negligence&negligent misstatement   differences
Vicasions liability
Agency: express authority
Apparent authority- “holding out”

Partnership
Core definition: S 4 / provides that a partnership is the relationship which subsists between persons carrying on a business in common with a view to profit.
3 distinct elements:1, “the persons concerned must be carrying on a business”. Business is defined by S2. S5 provides further guidance.   2, the business must be operated with a view to profit. 3, the business must be in common. Eg, a single person manage a business on behalf of two others, a partnership exist, for the business is “in common” for and on behalf of the brother and the sister(a brother and sister).
There must be a sharing of net profits. But not 绝对. Case Cox v Hickman. The court said although the right to receive net profits was a strong test of partnership, whether that relation does exist must depend both on the real intention and the contract between the parties.
S5(C)
In determining whether or not a partnership exists, the courts will take into account the whole agreement and the real intention between the parties concerned.
a) joint tenancy, tenancy in common, joint property, or part ownership does not of itself create a partnership as to anything so held or owned, whether the tenants or owners do or do not share any profits made by the use thereof
b) the sharing of gross returns does not of itself create a partnership
c) the receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but the receipt of such a share or of a payment contingent on or varying with the profits of   a business does not of itself make him a partner in the...