NAME
DATE
63
Make the Argument
In order for the judge or jury to render a decision, the following are some of the questions that
must be considered:
C
ASE: 8
You Be the Judge!
You Be the Judge!
1. Did Sandra Kruger Lerner and Patricia Holmes intend to carry on as co-owners of a business for pro t? To make
this determination as to intent, the court must consider the following:
a. What were the terms of their agreement?
b. What was the conduct of the parties? For example, did the parties act like they were in business together?
c. What were the surrounding circumstances of the agreement?
2. Was the agreement between Lerner and Holmes su ciently "de nite"? In other words, did the parties agree
"upon the same thing, in the same sense"? Explain.
For Evaluation Purposes Only