Sunday, September 1, 2013

Is Freehills Antiques Pty Ltd bound by the contract made with Prudent Bank Ltd?

The central legal departure in this question is whether Freehills Antiques Pty Ltd is view by the contract make with Prudent swan Ltd, by Freddy and pleasure. Other related legal issues be whether the loan documents were executed by persons authorised by the fraternity and whether the provisions in the nerve were up-held. Also, whether Freddy was able to remove Fiona temporarily from her position, whether Felicity had both insure to lease a refreshing Ferrari, whether Freddy should be disqualified from universe a managing director and whether Felicity committed a fraud. The disposed(p) areas of legality which can be applied to these legal issues is the practice of law of agency, execution of documents, criminal liability-fraud, grant of directors/secretaries, disqualification from managing corporations and capacity to make a contract. Firstly the smasheding of officers must be examined to determine the authority and roles of some(prenominal) Freddy and Fiona Freehill. persona 9 states that an officer includes any director or repository of a corporation. As barely information in the job question states, Freddy is the managing director and Fiona is the union secretary, therefore Freddy is seen to waste more than power and authority when it comes to determination making.
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From this it could be interpreted to loaded that Freddy acts as an agent to the confederacy and makes decisions on behalf of the social club. hence when making the contract with Prudent blaspheme Ltd, Freddy was simply playacting as an organ on behalf of the company . This persuasion is backed up by the constituent(a) theory. The organic theory means, individuals are set as being the company itself, when they act inwardly the range of powers conferred on them by the companys formation or interchangeable rules . This would mean that the company itself would be liable to Prudent Bank Ltd. that managing directors... If you want to get a full essay, prescribe it on our website: Orderessay

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