What is the test for establishing a joint venture?

MultiRegion, United States of America

The following excerpt is from PCH Associates, In re, 949 F.2d 585 (2nd Cir. 1991):

McRoberts, 391 Pa. at 599, 138 A.2d at 443-44 (footnotes omitted). "The existence or non-existence of a joint venture depends on the facts and circumstances of each particular case and no fixed nor fast rule can be promulgated to apply generally to all situations." McRoberts, 391 Pa. at 600, 138 A.2d at 444. Moreover, the presence of any one of these elements in isolation ordinarily is not enough to support a joint venture finding. See Marcus v. Grant, 289 Pa. 1, 4, 137 A. 120, 121 (1927) (sharing of profits alone not enough to create a joint venture).

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