ABSTRACT

As this word implies, a partnership is not an entity in its own right, like a company, but a relationship based on a contract between two or more people. A partnership does not have a legal personality separate to that of the partners, and therefore cannot make contracts or own land (see 2.3, 3.4.3 and 5.1). The relation between members of a company is expressly excluded from the definition by s 1(2)(a) of the 1890 Act, and therefore a company cannot be a partnership, although it can be a partner (see 1.1.2).