[Date]
MRL2601 Assignment
1 Semester 2 2024
(867833) - DUE 27
August 2024
QUESTIONS AND ANSWERS
, MRL2601 Assignment 1 Semester 2 2024 (867833) - DUE 27 August 2024
QUESTION 1
Explain, with reference to relevant prescribed case law for this module, how the
court determines whether a specific business is a partnership. (10)
QUESTION 2
Explain the difference between the two types of trusts envisaged in the Trust
Property Control Act 57 of 1988. (5)
QUESTION 3
Briefly explain what the purpose of the establishment of a trust is and what parties
are involved in a trust.
QUESTION 1:
Determining Whether a Specific Business is a Partnership
In South African law, the courts determine whether a business is a partnership by
referring to several key criteria established through case law. Here are the primary
considerations:
1. Agreement Between Parties: There must be an agreement, either explicit or
implied, between the parties involved. This agreement forms the basis of the
partnership. The case of Pezzutto v Dreyer (1992) is significant in this
regard, highlighting the necessity of an agreement for a partnership to exist.
2. Intention to Conduct a Business: The parties must have the intention to
carry on a business together. This intention is often inferred from the
conduct and statements of the parties, as seen in Kritzinger v Kritzinger
MRL2601 Assignment
1 Semester 2 2024
(867833) - DUE 27
August 2024
QUESTIONS AND ANSWERS
, MRL2601 Assignment 1 Semester 2 2024 (867833) - DUE 27 August 2024
QUESTION 1
Explain, with reference to relevant prescribed case law for this module, how the
court determines whether a specific business is a partnership. (10)
QUESTION 2
Explain the difference between the two types of trusts envisaged in the Trust
Property Control Act 57 of 1988. (5)
QUESTION 3
Briefly explain what the purpose of the establishment of a trust is and what parties
are involved in a trust.
QUESTION 1:
Determining Whether a Specific Business is a Partnership
In South African law, the courts determine whether a business is a partnership by
referring to several key criteria established through case law. Here are the primary
considerations:
1. Agreement Between Parties: There must be an agreement, either explicit or
implied, between the parties involved. This agreement forms the basis of the
partnership. The case of Pezzutto v Dreyer (1992) is significant in this
regard, highlighting the necessity of an agreement for a partnership to exist.
2. Intention to Conduct a Business: The parties must have the intention to
carry on a business together. This intention is often inferred from the
conduct and statements of the parties, as seen in Kritzinger v Kritzinger
