QuickHelper

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    Phoniex
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Category > Law Posted 20 Sep 2017 My Price 8.00

Workshop 4 Submission exercise

Workshop 4 Submission exercise: for you to do before class and submit online for assessment purposes

This is the first of four workshop questions which students are required to answer and submit online for assessment purposes.  Ensure you have read the instructions for completing and submitting your answer to the workshop question which can be found under ASSESSMENT on Learning@ Griffith. There is an opportunity for students to ask questions about their workshop submission answer but only where students have drafted an answer to the question and only at the workshop. 

 

Axel and Paul, two young entrepreneurs, decided to form a small proprietary limited company to operate a restaurant. The company was to be called “Fine Food Fine Wine Pty Ltd”.  On 22 February, wanting the  business to be operational as quickly as possible, Axel entered into a contract with Irish Linen Ltd to buy 24 monogrammed tablecloths and 12 aprons.  Although Axel did not discuss this contract with Paul, Axel still executed the contract in the name of “Fine Food Fine Wine Pty Ltd”. 

On 24 February, the proposed company was registered with the Australian Securities and Investments Commission (ASIC).  The company did not adopt a separate written constitution.  Axel and Paul each took 50 percent of the issued capital, and both were appointed as directors.  Due to a dispute between Axel and Paul regarding the contract with Irish Linen Ltd, that contract was not ratified by Fine Food Fine Wine Pty Ltd until 30 March. 

On 1 April, Axel ordered 10 x (tables and 4 chair settings) from Domestic Bliss Pty Ltd. Axel affixed the company seal to the contract and signed it. 

It is now 1 May. Both the tablecloths and aprons supplied by Irish Linen Ltd and the table and chair settings from Domestic Bliss Pty Ltd have been delivered, but not paid for.

Question: Are Axel, Paul, or Fine Food Fine Wine Pty Ltd liable to pay for:

(i)            the tablecloths and aprons, and/or

(ii)          the table and chair settings?  

Justify your answer using the ILAC method and the available evidence.

 

 

[This question is adapted from Fitzpatrick, Symes, Veljanovski and Parker, Business and Corporations Law, Lexis Nexis Butterworths 2017, p508.

Answers

QuickHelper
(10)
Status NEW Posted 20 Sep 2017 02:09 PM My Price 8.00

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