Outward sign of offerees accept /respond and inferred from conduct
! But" silence" is" not) a) valid) means) of) acceptance." The
the main issues in this questions deal with certainty of terms.
The fundamental requirement for binding contract is that there be complete
agreement on all essential terms or at least some mechanism for working out what
The material facts (if the question is a problem question)
Identification of the relevant law
The material facts
Relevant facts (
Consider the following advertisement placed by the .
Situation like that in
Retirement of partners and changes in Membership
Duration of liability
Section 20 (1): a new partner is not liable for old debts. Section 20 (2) (3): A retired
partner remains liable for debts existing at the time of his retirement, unless he is
Rules for determining the existence of a partnership
(a) Joint tenancy, tenancy in common, joint property, or part ownership, whether or
not there us a sharing of any profits ->not partnership
1. Harrison v Franich : Courtney J foun
Art and Craft are partners in a small business restoring, repairing and
The partnership agreement provides that Craft shall not buy any
painting for more than $20,000.00 without the express consent of
Art, who is the more
Relations between the partners inter se (amongst themselves)
Section 22-34: a fiduciary relationship and all partners are bound to observe the utmost
good faith towards their fellow partners.
1. Law v Law : the foundation stone of the partners
Special partnership enjoys a limited to their liability for debts of the special partnership.
Special partnerships could only exist if provided for by legislation because they very
essence of partnership, as developed by the common law and
Express authority-not rely on section 8
If the outsider can show express authority that in itself is sufficient to bind the
firm. The onus of proof of express authority rests, on the outsider alleging it.
Ratification of an unauthorised act
Partnership and other relations distinguished
Section 4 and 5 (cases like National Insurance Co. v Bray and Millar v Rama)
demonstrate the rules by which a distinction can be drawn between a partnership and
other legal relationships such as vendor/purchas