Fact pattern

Susan Wright, Charles Thompson and John Dodgson are architects, each of whom has, to date, worked on their own account. They are proposing to pool their resources and operate as a partnership. They believe that various benefits, including economies of scale, will result from doing this. There are a number of issues regarding the formation and operation of a partnership on which they seek your advice.

The partnership which the three architects wish to form will come into being at the point at which the definition in s.1(1) of the PA is satisfied. This states that “Partnership is the relation which subsists between persons carrying on a business in common with a view of profit”. It is a question of fact as to when this definition is satisfied.