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Question 1 Can there be a partnership between an adult and a minor?

A person is the adult interdependent partner of another person if the person has lived with the other person in a relationship of interdependence for a continuous period of not less than 3 years or of some permance, if there is a child of the relationship by birth or adoption. It also can happen if the person has entered into an adult interdependent partner agreement with the other person under Section 7. Persons who are related to each other by blood or adoption may only become adult interdependent partners by entering into an adult interdependent partner agreement under Section 7. A person may not enter into an adult interdependent partner agreement if the person is a party to an existing adult interdependent partner agreement, is married, or is a minor, unless the minor is at least 16 years of age and the minor¶s guardians have given their pior written consent. An adult interdependent partner agreement is invalid if one of the parties was induced by fraud, duress or undue influence to enter into the agreement or one of the parties lacked the mental capacity to understand the nature of the agreement. It also will be valid if the parties were neither living together nor intending to live together in a relationship of interdependence when the agreement was entered into or one of the parties was prohibited by Section 7 (2) from entering into the agreement. A minor partner is a partner who is not major (not completed 18 years). A minor cannot enter into a contract according to Section 20 of Partnership Act. A contract with minor is void. Since a partnership is a relation resulting from contract, therefore a minor cannot be a partner in a firm. A minor can be admitted to the benefits of a partnership with the consent of all other partners for the time being. This can be done in a firm which already exists. He cannot be a fully fledged partner. The case of Wright v. Buchanan, based on Section 8. Minor¶s Liability for necessaries. A minor is liable for the reasonable value of necessaries purchased by him upon his credit and actually supplied him. The law gives a minor the right to elect whether he shall be bound for all contracts made by him except his executed

Spring Vally. he might be compelled to go in want. Wyman. If a minor could not render himself absolutely liable for the things which are supplied to him as actual needs. Other cases are McDonald v.contracts for necessaries. . Coursolle v. Weyerhauser and Nash v.

By supervening illegality This is provided for in Section 36 Partnership Act 1961. One of the issues which arose was whether the partnership had been dissolved by the outbreak of war. The second case is Hudgell Yeates & Co v. that it was so dissolved. Kupfer. Watson. They carried on the business of the firm in Frankfurt whilst he managed the affairs of the firm in London. . by the Court of Criminal Appeal. in R v. Thus. Holland and payment was to be made by the defendant from the London office. Held. a partnership between himself and other partners is automatically dissolved. where a solicitor¶s practicing certificate lapses. and he was charged with an offence of trading with the enemy contrary to the Trading with the Enemy Act 1914. One of three solicitors in a firm forgot to renew his practicing certificate without which he was forbidden to practice under Solicitors Act 1974. Held. The defendant paid the Dutch company the amount due. The defendant was a partner in a firm which consisted of himself and his two brothers. War broke out on 4 August 1914. The Frankfurt office placed an order for goods with a Dutch company in Terborg. A clause in the articles stating that a partnership was to continue even in the event of illegality supervening would be ineffective. Again. the partnership was automatically ended. which provides that a partnership is in every case dissolved by the happening of any event which makes it unlawful for the business of the firm to be carried on or for the members of the firm to carry it on in partnership. In fact of a partner becoming an enemy alien would necessarily make the continuance of the partnership illegal since the other partners would be trading with the enemy.