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AMI 711 Partnership—Tests of Existence of Relationship

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 711
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 7. Agency—Employment—Partnership—Joint Enterprise—Imputed Liability
AMI 711 Partnership—Tests of Existence of Relationship
COMMENT
Appropriate portions of Ark. Code Ann. § 4-46-202 may be read to the jury. It would be proper to tell the jury that they may consider, along with all evidence of applicable factors cited in § 4-46-202 and all other evidence, the fact that profits were shared in determining whether a partnership existed. See, e.g., Thiel v. Dove, 229 Ark. 601, 317 S.W.2d 121 (1958) (court may instruct jury that a certain fact may be considered, in conjunction with the other evidence, but may not comment on the weight of the evidence by declaring that a certain inference may be drawn from a specific fact).
Jury was permitted to consider, in determining whether a partnership existed, the alleged “admission by silence” to the partnership of one alleged partner. Medlock v. Burden, 321 Ark. 269, 900 S.W.2d 552 (1995).
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