AFM231 Lecture Notes - Lecture 16: Concurrent Estate, Tim Hortons, Fiduciary

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Business is more than one person, all partners. More than one person reaps rewards and shares risk. Definition: relations that subsists between persons carrying on a business in common with a view to profit. What relationships exist: duty from partnership (individual actions or whole) to third party, cannot contract out of the relationship. Joint and several liabilities (pg 331: duty of partner to partner, can contract out of the relationship, should create rules according to partnership agreement, duty of partners to partnership. Partners liable for contracts, torts and fiduciary duty. Intentionally (by express agreement: by estoppel (allows others to consider them to be partners what others think) Audit and consulting firms: a partner who commits tort or breach of fiduciary duty is liable alone. No other partners are liable for the tort etc one partner committed. Other forms of business (except corporations, partnership, franchisee) like joint venture, strategic alliance, distributorship/dealership, sales agency, product licensing:

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