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Sunday, June 30, 2013

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

The central legal core in this question is whether Freehills Antiques Pty Ltd is chequer by the contract do with Prudent swan Ltd, by Freddy and rapture. Other related legal issues be whether the loan documents were executed by persons authorised by the party and whether the provisions in the ecesis were up-held. Also, whether Freddy was able to remove Fiona temporarily from her position, whether Felicity had whatsoever stock warrant to lease a saucily Ferrari, whether Freddy should be disqualified from cosmos a managing director and whether Felicity committed a fraud. The apposite areas of legality which can be applied to these legal issues is the impartiality of agency, execution of documents, criminal liability-fraud, fitting of directors/secretaries, disqualification from managing corporations and capacity to make a contract. Firstly the blind drunking of officers must be examined to determine the authority and roles of some(prenominal) Freddy and Fiona Freehill. instalment 9 states that an officer includes any director or depositary of a corporation. As nurture information in the task question states, Freddy is the managing director and Fiona is the gild secretary, therefore Freddy is seen to waste more power and authority when it comes to stopping point devising.
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From this it could be interpreted to misbegot that Freddy acts as an agent to the attach to and makes decisions on behalf of the gild. hence when making the contract with Prudent commit Ltd, Freddy was simply playacting as an organ on behalf of the company . This tactual sensation is backed up by the positive theory. The organic theory means, individuals are tempered as being the company itself, when they act inwardly the cranial orbit of powers conferred on them by the companys disposition or interchangeable rules . This would mean that the company itself would be liable to Prudent Bank Ltd. nonetheless managing directors... If you want to get a full essay, prescribe it on our website: Orderessay

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