What type of agreement typically establishes the terms of a partnership?

Prepare for the Partnership Law Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

An express contract is the correct choice because it specifically outlines the terms and conditions of a partnership agreement in a clear and definitive manner. An express contract is typically written, though it can also be verbal, provided all parties agree to the specified terms. The importance of having an express contract lies in its ability to reduce ambiguity and provide a concrete framework for the partnership's operations, responsibilities, and profit-sharing arrangements. It serves as a formal document that can be referenced in case of disputes or misunderstandings among partners.

While a verbal agreement could establish a partnership, it generally lacks the formalities and clarity that an express contract provides, which can lead to issues if disagreements arise. A license agreement pertains to permissions to use intellectual property or other rights rather than the operational aspects of a partnership. An implied contract relies on the actions and conduct of the parties rather than a written or explicitly stated agreement, which may not adequately capture all necessary elements for a partnership. Therefore, relying on an express contract is the best approach for establishing the terms of a partnership.

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