【分析解答题】

Ben had carried on the business of garment trading as a sole trader (‘theBusiness’) before he invitedCollins to join theBusiness two years ago.Ben andCollins signed an agreement for the purpose of governing their relationship whenCollins joined theBusiness.While the agreement was entitled the partnership agreement, it had all the characteristics of an employment contract. The agreement stated, among other things, thatCollins had no right to share the profit and no power to control or manage theBusiness (‘theAgreement’).Collins has allowed himself to be described as a partner of theBusiness on his business car

D、Relying onCollins’s business card, which was given toDavid byCollins,David entered into a contract with theBusiness for selling garments to theBusiness on credit (‘the Price’) and is now suing theBusiness for payment of the Price.Required:In relation to partnership law, adviseCollins as to: (a) Whether theAgreement is in truth a partnership agreement; and (4 marks)