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Austin, Benny and Connor run 'Easy Communication'(EC), a business translation service in Johor Bahra. Apart
from Malay and English, each of them is specialised in doing translation work for a particular language: Austin
German, Benny-Mandarin and Connor-Spanish. They make bookings and buy business materials for one
another. Austin, Benny & Connor get paid a fixed weekly amount and at the end of the year when all bills are
paid, they share equally the balance in their joint bank account. Benny is unhappy; he feels he works more than
the others, because the demand for Mandarin translations is bigger than for other languages. Benny's brother
Diego started 'No Borders Translation Ltd' (NBTL) in Pasir Gudang specialising in translation work in Mandarin
Benny helped Diego with some translations; in return he received some shares in NBTL and gets a consulting
fee. It has been estimated that Benny has made over RM150,000 just from helping Diego in NBTL. By coincidence
Austin and Connor found out about Benny's involvement with NBTL.
Advise Austin and Connor:
1) whether a partnership exist between the three of them; and (19 marks)
2) what is the course of action against Benny for the RM150,000 profit made by Benny without their knowledge
(6 marks)
Discuss and support your answer with reference to the Partnership Act 1961 and relevant cases,
[Total: 25 marks]
PLEASE ASAP
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