To determine whether a specific business is a partnership, the court evaluates the presence of
the essentialia of a partnership and the true intention of the parties. This approach has been
articulated in various South African case law, such as Joubert v Tarry and Co and Bester v
Van Niekerk, as well as principles derived from Pothier's formulation.
In Joubert v Tarry and Co, the court identified four essential elements, or essentialia, for a
partnership:
1. Contribution: Each partner must contribute something of value to the partnership, which
can include money, labor, or expertise.
2. Joint Benefit: The business must be carried on for the joint benefit of the partners.
3. Profit Motive: The primary objective of the partnership must be to make a profit.
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