Partnership by estoppel applies only when there is no partnership agreement in place; when there is a written partnership agreement, partners not named in the agreement can deny they are partners.

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Partnership by estoppel can apply regardless of whether there is a written partnership agreement. It occurs when a person represents themselves as a partner or allows others to believe they are a partner, leading third parties to rely on that representation.

Partnership by Estoppel Applies Only When There Is No Partnership