Reference no: EM131124980

Tammy Duncan began working as a waitress at a diner owned by her mother hazel Bynum and stepfather Eddie Bynum. A few weeks later, the three created an agreement in which Tammy was to assume comanager duties for her stepfather. Tammy then began doing paperwork and bookkeeping for the diner in addition tot occasionally waiting tables and performing other duties. She testified that she made no agreement to share in the diner's profits and that she understood she was going to take over her stepfather's duties as a manager. The bank account for the diner was still to remain in Eddie Bynum's name and Tammy's parents did not change any business tax information. In the course of her employment, Tammy was injured when she slipped off a ladder and fell onto both knees. The diner's insurer, Cypress, paid Tammy temporary total disability benefits. However, five months later Cypress notified Tammy that it intended to controvert her claim on the basis of alleged newly discovered evidence that she was not an employee of the diner but was a co-owner under the agreement she had made with her mother and stepfather. What are the essential elements of a partnership? Was Tammy Duncan a partner in the diner? Why or why not?