Assignment 1 Semester 1 2026
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Due Date: 24 March 2026
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, QUESTION 1 (2 DIFFERENT ANSWERS PROVIDED)
VALIDITY OF PARTNERSHIP BETWEEN THABO AND LERATO
To determine if a valid partnership exists between Thabo and Lerato, we must
assess whether the essentialia of a partnership agreement are present, based on the
FBE2604 Study Guide and relevant case law.
1. Contribution by Partners
According to Joubert v Tarry and Co, each partner must contribute something of
commercial value, and the contribution must be exposed to business risk.1 In this
case, Thabo contributed R100 000 but insisted that it must be repaid in full even if
the business fails. This condition removes the risk from his contribution, which
disqualifies it as a valid partnership contribution.2 Lerato’s input includes her skills,
contacts, and active business management, which qualifies as a valid contribution.3
1
Joubert v Tarry and Co 1915 TPD 277.
2
FBE2604 Study Guide (2021) 111.
3
ibid.
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