, BE2604 Assignment 1 Semester 1 2026 - Due 26 Mar
ch 2026;
Question 1
Whether a valid partnership exists between Thabo and Lerato
A partnership in South African law is a contract between two or more
persons who agree to contribute something to a lawful business,
carried on for their joint benefit, with the object of making and sharing
profits. The essentialia of a partnership were set out in Joubert v Tarry
1915 AD 277.
Contribution
Each partner must contribute something to the partnership. Thabo
contributed R100 000 in cash, while Lerato contributed her expertise,
industry contacts and management services. A contribution need not
be monetary and may consist of skill or labour. This requirement is
therefore satisfied.
Joint benefit and sharing of losses
A partnership must be carried on for the joint benefit of the parties,
which implies that partners share both profits and losses. Thabo insists
that his capital contribution must be repaid in full even if the business
fails. This shows that Thabo does not intend to share in the losses of the
business, which is inconsistent with a partnership. In Pezzutto v Dreyer
1992 (3) SA 379 (A), the court emphasised that true joint benefit
requires participation in risk.
Profit-sharing
Although the business aims to make a profit, Lerato is only entitled to