Legal Issues Critical Essay

This Is In regards to Bella who claimed she had no liability towards the lawsuit against the firm as she had only been working there a short while and was not at work the time the accident happened. Bella had however been working there with a “view for profit” (Text, 328) which happened to be the activity in question. With this same question in mind t has been stated that ” It is possible for a person to be a partner even though they do not have a claim to the share of the profit” (text,328).

Bella had not contributed any capital upon joining the firm but still took on the Job of a partner at the firm through assistance. Unlike the case of “Cox” (text,331 ) whereby ACH party was found with different liabilities for their parts of the Joint venture “Magic Zillions” Is a deferent case as they were continuing with the business In an effort to get a profit. “Where there is profit sharing and a more integrated business structure” (text. 30) as n the case of Magic Zillions it means that there was an aim for profit which is what considers the determination of existence of a Partnership amongst all four persons. In order for a ‘partner’ to have been qualified as retired there has to be written confirmation that Charlie had actually been excluded from his entity and all its business, but the case does not well specify this. The implied 1 OFF partner it means that they “must contribute equally towards losses” (text,335) and in this case the loss is the lawsuit which is aimed at everyone a part of ‘Magic Zillions’. A partner who retires from a firm does not thereby cease to be liable for the partnership debts incurred before their retirement” (text,343), this case of the Liability of retiring partner falls on Charlie. ” Charlie has since retired from the business due to stress and ill-health and has limited personal funds” (facts), although Charlie had been retired but still part of the entity during the accident it disqualifies him from not being liable for the lawsuit against ‘Magic Zillions’ as he was a partner then when the accident happened.

Conclusion

On the balance of Probabilities the Magistrates court would find that Deed, Charlie, Jake as well as Bella are all partners of ‘Magic Zillions’ due to the evidence and supporting cases mentioned above and all would have to contribute to the $30,000 to the plaintiff, Mr.. Laurent to cover the injures he faced upon entering the premises of the defendants, ‘Magic Zillions”