In the case of Kang-Kem v Paine [2004] the plaintiff; Kang-Kem has taken action on the defendant; Paine, to try and establish whether or not there is a legally binding partnership between the two parties. The Partnership Act 1892 Section 1. Defines partnership as: "Partnership is the relation which exists between persons carrying on a business in common with a view of profit" Kang-Kem claims that they and the defendant; Paine commenced trading as a partnership in 1992 and …showed first 75 words of 497 total…

…showed last 75 words of 497 total…it clearly sets out the relationship amongst the partners. It is often difficult to determine whether a partnership does or does not exist. Whether or not the parties call themselves partners is not necessarily a vital factor. As can be seen in this case, where a partnership agreement has not been drawn up, disputes may arise to the actuality of a partnership existing, and may end in a distressing outcome for one or more parties.