2a) (i) Is the business a partnership? Yes/No (explain) (ii) Should the business name be registered? Yes/No (Explain). (iii) Can Fiona and Donna validly decide to embark on the alcohol selling venture without Celine's consent?

Understanding Business
12th Edition
ISBN:9781259929434
Author:William Nickels
Publisher:William Nickels
Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment
Section: Chapter Questions
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2a)
(i) Is the business a partnership? Yes/No (explain)
(ii) Should the business name be registered? Yes/No (Explain).
(iii) Can Fiona and Donna validly decide to embark on the alcohol selling venture
without Celine's consent?
Transcribed Image Text:2a) (i) Is the business a partnership? Yes/No (explain) (ii) Should the business name be registered? Yes/No (Explain). (iii) Can Fiona and Donna validly decide to embark on the alcohol selling venture without Celine's consent?
Fiona, Celine and Donna have recently commenced a business together making
custard pies using the name 'FCD's Custard Pies' as their trading name. They also
sell coffee and soft drinks.
Only Donna has put capital into the business, and no formal agreement exists
between them. However, on many occasions Fiona has purchased stock for the
business from their various suppliers by using her own money, and she has also set
up an account with the suppliers in the name of 'FCD's Custard Pies'. Celine also
has often placed orders on behalf of the business with their various suppliers for
stock.
00:0
At their next meeting Fiona suggests selling alcoholic beverages. Donna likes the
idea, but Celine does not. Celine says that such a change would require renovation
of the shop, and also obtaining a licence to sell alcohol. This requires an application
to the relevant government authority, which may reject the application.
After giving it lots of thought, Donna decides to leave the business in two months
but wants to make sure that she has no further obligations and commitments once
she leaves the business.
In six months, Celine decides to retire. Upon Celine's retirement, Lucy joins the
business (ie, "FCD's Custard Pies'). The business is later sued for defaulting on a
loan payment, and both Celine's and Lucy's names are added to the action against
the business.
Please answer the following questions, and support your answers by the relevant
authorities (ie, case law and legislation):
Transcribed Image Text:Fiona, Celine and Donna have recently commenced a business together making custard pies using the name 'FCD's Custard Pies' as their trading name. They also sell coffee and soft drinks. Only Donna has put capital into the business, and no formal agreement exists between them. However, on many occasions Fiona has purchased stock for the business from their various suppliers by using her own money, and she has also set up an account with the suppliers in the name of 'FCD's Custard Pies'. Celine also has often placed orders on behalf of the business with their various suppliers for stock. 00:0 At their next meeting Fiona suggests selling alcoholic beverages. Donna likes the idea, but Celine does not. Celine says that such a change would require renovation of the shop, and also obtaining a licence to sell alcohol. This requires an application to the relevant government authority, which may reject the application. After giving it lots of thought, Donna decides to leave the business in two months but wants to make sure that she has no further obligations and commitments once she leaves the business. In six months, Celine decides to retire. Upon Celine's retirement, Lucy joins the business (ie, "FCD's Custard Pies'). The business is later sued for defaulting on a loan payment, and both Celine's and Lucy's names are added to the action against the business. Please answer the following questions, and support your answers by the relevant authorities (ie, case law and legislation):
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