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

The central juristic issue in this question is whether Freehills Antiques Pty Ltd is control by the contr hazard made with prudent swan Ltd, by Freddy and Felicity. Other related legal issues be whether the loan documents were punish by persons authorised by the comp all and whether the provisions in the administration were up-held. Also, whether Freddy was able to remove Fiona temporarily from her position, whether Felicity had any warrant to lease a new Ferrari, whether Freddy should be indispose from being a managing theatre director and whether Felicity committed a fraud. The pertinent areas of legality which can be applied to these legal issues is the law of agency, execution of documents, criminal liability-fraud, appointment of directors/secretaries, disqualification from managing corporations and capacity to trace a contract. Firstly the meaning of officers must be examined to stop the authority and roles of some(prenominal) Freddy and Fiona Freehill. Sect ion 9 states that an officer includes any director or secretary of a corporation. As further info in the problem question states, Freddy is the managing director and Fiona is the company secretary, hence Freddy is seen to waste more power and authority when it comes to decision making.

From this it could be interpreted to mean that Freddy acts as an agent to the company and makes decisions on behalf of the company. hence when making the contract with Prudent Bank Ltd, Freddy was just playacting as an organ on behalf of the company . This notion is indorse up by the organic theory. The organic theory means, individuals are treated as being the company itself, when they act inw! ardly the ambit of powers conferred on them by the companys constitution or interchangeable rules . This would mean that the company itself would be liable to Prudent Bank Ltd. However managing directors... If you want to get a teeming essay, prescribe it on our website: BestEssayCheap.com

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