Which statement best describes the formation of a traditional partnership?

• A. It requires a formal written agreement to exist.
• B. It can arise without formalities where persons carry on a business in common with a view to making a profit.
• C. It can only arise if all partners publish a partnership deed.
• D. It cannot arise if there is no intention to form a partnership.

Answer: (B)

A traditional partnership can come into existence purely from how people behave, not from a written contract. If two or more people carry on a business in common with the aim of making a profit and share the profits (and typically the losses) of that business, they are treated as partners even without a formal agreement. The crucial point is the conduct: running the business together with a profit motive creates a partnership in law, regardless of whether they intended to form one.

Because of that, a formal written agreement isn’t required for a partnership to exist, and there’s no need to publish a partnership deed. The absence of any intention to form a partnership isn’t fatal either—their joint business and profit-sharing can establish a partnership by their actions and the arrangement, even if they didn’t expressly set out to form one.