Can a joint venture exist where there is no written agreement?

California, United States of America


The following excerpt is from Meyer v. Jeffries, E070773 (Cal. App. 2019):

"'. . . A joint venture exists where there is an "agreement between the parties under which they have a community of interest, that is, a joint interest, in a common business undertaking, an understanding as to the sharing of profits and losses, and a right of joint control."'" (Kaljian v. Menezes (1995) 36 Cal.App.4th 573, 586.) "'A joint venture can be formed by a written or an oral agreement or by an agreement implied by

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the parties' conduct.'" (Simmons v. Ware (2013) 213 Cal.App.4th 1035, 1052.) While a joint venture "can be created with little formality" there must still be an agreement based upon a "meeting of the minds as to the essential structure and operation of the alleged joint venture." (Bustamante v. Intuit, Inc., supra, 141 Cal.App.4th at p. 215 [no joint venture where there was no agreement].)

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