Partnership Law

Partnership Law
Description of Case:

Sam, Henry, Paul, and Allen are all students enrolled at Trent University. They all take history as their major. Each is interested in archaeology and have discovered, as part of their studies, that there may be some ships located in Georgian Bay which would conceivably have some treasure. They agree to engage in further research. All joined together to participate in the research and after One Hundred hours of research each, they identify a specific geographic area within Georgian Bay for a treasure search. All of them are good scuba divers. They proceed to rent a boat and use their own scuba gear to engage in a treasure search within the identified area.

All four participate equally in the context of payment of boat rental together with other associated costs for the subject search. For weekends 1, 2, 3, and 4 they all participate within the context of the search for a ship or treasure within the designated area. They undertake the dive together. On week number 5, the said Sam and Henry indicate that they have other commitments and cannot engage in the dive. The remaining two engage in the search. The same story is provided for weeks 6, 7, and 8. On weekend number 9 it is only Allen who engages in the search. He has to obtain a friend who will act as a buddy within the context of his dive because he is precluded, (due to diving safety requirements), from proceeding on his own. On that weekend, they discover a treasure. The treasure is not claimed by any level of Government. The value of the treasure turns out to be equivalent to Twenty Million Dollars.
Questions:

1. Are the four Trent University students engaged in a Partnership?

2. What are the basic provisions of the Partnership and where would you go in order to find out what the rights and obligations of the parties are incidental to the Partnership (if one exists)?

3. What else might be taken into account by a Judge in determining the rights and the obligations of the respective parties?

4. If there is a claim for entitlement to the Twenty Million Dollars, then who should receive what in terms of a specific quantum? Should Allen be entitled to the entire amount?

5. Should the friend who participated as the buddy at the time of the discovery also be recognized as a partner? Please provide reasons in terms of your response.

6. How would you decide this particular legal contest between the four and how would you divide the Twenty Million Dollars between the respective parties? Provide reasons and justification for your answer.

Marks: this Assignment is worth 45% of the course mark

NATURE OF THE ASSIGNMENT

Attend a Court Trial or Administrative Tribunal Hearing involving a “business related”litigation or dispute. Your paper should provide commentary on:

A. Identification of the legal parties to the dispute
B. Identification of the paper which initiates the legal process either by way of Court Application, or complaint or request to an Administrative Tribunal
C. Describe the procedure that is utilized by the Court or Adjudicator
D. Describe the legal issues raised in terms of the dispute
E. Provide a commentary in reference to the evidence provided, and whether specific rules were applicable in terms of the introduction of evidence
F. Outline the Judgment or the Decision (if provided). Please note that if a Judgment or Decision is not provided, then it is expected that you would write your own Judgment/Decision and give reasons
G. Your comments on the process, the issues, and the Decision if you are able to hear it. Your comments should be critical or provide positive commentary in terms of the process and result. Do you believe that justice was done?

The paper should not exceed approximately 1500 words.

You may wish to proceed to view a Landlord/Tenant dispute which is typically conducted at the Ministry of Natural Resources building on Water Street. This is usually conducted on the ground floor. Furthermore, you could attend Small Claims Court which is located at 70 Simcoe Street in the City of Peterborough. This is located east of Water Street.

In addition, there are Land Severance Applications heard by the County of Peterborough on a regular basis. You may wish to attend an actual Land Severance Committee Meeting of the County of Peterborough Land Division Committee located at the County Municipal Building (470 Water Street, Peterborough). Other disputes, for example, labour disputes are heard by the Ontario Labour Relations Board in Toronto.