BTB2220 Study Guide - Final Guide: Trading While Insolvent
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Note: the following is not intended to be a definitive answer to the question. Rather, it is intended to assist students attempting the question as a practice exam by identifying key issues, legislative provisions and cases. Question 1 (a) advise classic pools ltd whether or not it is bound to the contract with eco. Screens pty ltd, taking account of all the relevant facts in your answer. (11 marks) Indirect contract. (cid:120) the key issue is does danny have the authority to bind cp to the purchase? (cid:120) apply the common law principles of agency and the statutory assumptions. S 129(1), (2), (3) and s 128(4) are relevant. (cid:120) key cases include: northside; freeman & lockyer; crabtree-vickers; Hely-hutchinson v brayhead; brick & pipe (b) advise the board of cp of the legal issues that arise from aaron"s proposal and what statutory liabilities, if any, would arise if the proposal goes ahead. (12 marks)
