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A right to participate in profits, although strong but not a conclusive test of partnership was laid down in :

  • A.Tellis Vs. Saldanha
  • B.Grace Vs. Smith
  • C.Re; Somtow Iron Co.
  • D.Cox Vs. Hickman.

Answer: D

The rule was laid down in Cox v Hickman.

In Cox v Hickman (1860), the House of Lords held that creditors who took a share of the profits of a business run for their benefit were not partners. Sharing of profits is strong evidence of partnership, but not a conclusive test; the real question is whether the business is carried on by or on behalf of the persons sought to be charged, the idea of mutual agency later written into partnership law.

The other cases are not the source of this rule; Cox v Hickman is the one that displaced the earlier view that sharing profits automatically made one a partner.

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