Nobody downloaded yet

LAW ASSESSED WORK - Essay Example

Comments (0) Cite this document
Summary
3) If the negotiations between White Halls Limited and Golden Antiques results in a legally binding contract, whether Golden Antiques has complied with the legal requirements for valid revocation to negate a claim by White Halls Limited for breach of contract or specific…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
LAW ASSESSED WORK
Read TextPreview

Extract of sample "LAW ASSESSED WORK"

Download file to see previous pages If we apply this by analogy to the current scenario, David was entering into contractual negotiations with Golden Antiques on behalf of White Hall Limited. Therefore, in order for there to be a valid contract, David will have to have capacity and authority to bind the company in such contracts (McIntyre, 2008). Sections 39-40 of the Companies Act 2006 (CA) regulate authority to negotiate on behalf of companies. Section 39(1) of the CA provides that “the validity of any act done by a company shall not be called into question on the ground of lack of capacity by reason of anything in the company’s constitution.”
In addition, section 40(1) of the CA stipulates that “In favour of a person dealing with a company in good faith, the power of the board of directors to bind the company, or authorise others to do so, shall be deemed to be free of any limitation under the company’s constitution”. Moreover, section 40(2) of the CA implements a provision that as regards third parties negotiating with a company, there will be a presumption of good faith. As such, the CA provisions do not require third parties to enquire as to whether there are any restrictions on the authority of the board to enter into a contract.
Accordingly, if we apply this to the current scenario, unless Golden Antiques were put on notice that David did not have appropriate authority, there will be a presumption that David had capacity to negotiate and conclude the contract with Golden Antiques on behalf of White Halls Limited.
Therefore, the fundamental issue will be whether the legal requirements for an enforceable contract have been complied with. The law of contract provides a tripartite test for determining a legally binding contract, which is offer, valid acceptance and consideration. For example, in New Zealand Shipping Co Limited v A M Satterthwaite, The Eurymedon ([1975]) AC 154 ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“LAW ASSESSED WORK Essay Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1559652-law-assessed-work
(LAW ASSESSED WORK Essay Example | Topics and Well Written Essays - 3000 Words)
https://studentshare.org/miscellaneous/1559652-law-assessed-work.
“LAW ASSESSED WORK Essay Example | Topics and Well Written Essays - 3000 Words”, n.d. https://studentshare.org/miscellaneous/1559652-law-assessed-work.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF LAW ASSESSED WORK

CONTRACT LAW ASSESSED COURSEWORK

...?Postal Rule Introduction Under the general terms of the contract law, a contract is formed when an offer is accepted by the offerree. The person whoproposes an offer is known as the offerror, while the one to whom the offer is made is known as the offeree. This is one of the most important characteristics of framing a contract. A contract cannot be formed without an offer and the subsequent acceptance of the same offer, which needs to be understood in the same manner as in which the offer was made. This paper aims to explore the drawbacks of the Postal Rule, and will strive to analyze how the modern technology, especially the email system, has made this rule redundant. The Postal Rule The foremost instance of the Postal Rule... be formed...
10 Pages(2500 words)Term Paper

Contract law assessed coursework

...? Law of Contract of the of the Law of Contract Eileen and Paul purchased a very large house, with the intention of converting it into apartments. They were assisted in their endeavour, to a major extent, by their friend Anne. One of these flats was rented out to Mike, while construction was in progress. The latter paid reduced rent, as the work was incomplete. After the completion of the work, Eileen and Paul allow Anne to stay in one of the apartments, in exchange for her help. These apartments prove to be in great demand, and Eileen and Paul have a change of mind and ask Anne to either pay rent or vacate the flat. They also ask Mike to enhance the rent with...
6 Pages(1500 words)Essay

Agency and partnershipl law assessed coursework

...apparent authority. It is to be noted that the agency will be carried out in the interest of principal and it should be honest. In “Macmillan Inc v Bishopgate Investment Trust (No 3) “31, it was observed by the Millett J that UK law acknowledges the difference between the abuse of power and want of power. The English courts, nevertheless, view that the principal will be accountable for the actions of the agent if the agent’s acts fall within the ambit of his apparent authority and even if the agent functions dishonestly or in contrast to the principal’s interest 32 Conclusion From the facts mentioned here ,there is no much difference between ostensibe authority and acutal authority of an agent under the...
7 Pages(1750 words)Essay

Public Law and Administration Assessed Problem Question

...of at least two years. S/he should also be acquainted with child protection issues (Inspiresme, 2013). General health and safety, as well as, fire safety should be observed. The law also requires that a manager of a nursery should ensure that s/he complies with local child protection procedures approved by the Area Child Protection Committee (Imperial UK, 2013, p, 7). All the people working at the nursery’s premises should put safety provisions into practice. For the case of owners, they should have appropriate experience and skills and ability to do their job (Imperial UK, 2013, p, 11). The local authority’s discovery by the local authority that Daisy had previously made some controversial statements...
9 Pages(2250 words)Essay

Assessed research Exercise in Law of Property

...Assessed Research Exercise in Law of Property ASSESSED RESEARCH EXERCISE IN LAW OF PROPERTY Titus Rock Manickam Order No. 289961 21 April 2009 Table of Contents Introduction.3 What are the current legal and beneficial interests in the house.3 Could Joe and Tina enforce sale of the house.5 Separate piece of research...6 Explain precisely in relation to A(i) and A(ii)8 Conclusion..10 Bibliography...11 ASSESSED RESEARCH EXERCISE IN LAW OF PROPERTY Introduction In 1995, Ann, Brenda and Claire, all in their early twenties, decide to pool their resources to buy a house together in order to...
8 Pages(2000 words)Case Study

Constitutional and Administrative Law Assessed Corsework

..., such as government departments, local authorities, tribunals, agencies have not acted ultra vires5. Moreover, the ultra vires doctrine is cited as the first principle of natural justice and the rule of law that public bodies are required to act within the scope of the powers allocated to them by Parliament6. With regard to the UK position, the doctrine of the separation of powers has traditionally been limited and criticised for being somewhat unclear in comparison to other democracies7. Nevertheless, it has been commented that the doctrine does in fact influence everyday operations of the executive, legislature and judiciary8 and Barnett argues that “Separation of powers…… runs like a thread throughout the...
6 Pages(1500 words)Essay

Land Law Assessed Coursework

..., Oxford University Press Bridge, M, (2002), Personal Property law, Clarendon Press Bryn P, (2000), Understanding Land Law, 3rd Ed, Cavendish Publishing Ltd Civil Procedure, (2002), The White Book, Volumes 1 & 2, Sweet & Maxwell Cockburn, T & Shirley, M (2005), Equity in a Nutshell, Lawbook Co Cockburn, T, Harris, W, & Shirley, M, (2005), Equity & Trusts, Butterworths Cooke, E J, (2002), ‘Adverse possession, electronic conveyancing, and registration, overriding interests: Title to lan’, Conv 11 Dixon, M. (2005). Modern Land Law, 5th Ed, Cavendish  Dixon, M, (2003), ‘The reform of property law and the Land Registratio Act 2002: a risk assessment’. Conv...
6 Pages(1500 words)Essay

Assessed Stata Assignment

...STATA ASSIGNMENT 5. Present and discuss descriptive statistics (mean, standard deviation, min and max) for age, income and visits The youngest personin the study group involving 3400 people was 20 years while the oldest is 85 years. However, the ages of respondents is centred around 53 years. The respondents earn an average of GBP 563.31 with the lowest earning being GBP 83.62 while the highest earning person gets GBP 2884.59. Similarly, the average number of visits per person is 17. 5. Present and discuss proportions for gender, insurance, pain, and remote. Gender Of the 3400 persons interviewed, 53.76% were female while 46.24% were male. Insurance 66.21% of the respondents do not have private insurance while 33.79% have... ASSIGNMENT 5....
4 Pages(1000 words)Essay

Managing Change assessed course work: Project Feasibility Study 2014

...for freight and passenger fares would amount to $ 570,000 per year. The operating and maintenance costs (not including interest and depreciation) for the railroad would be $ 240,000 and $ 140,000 per year respectively. The company will have to support the operations with $1,000,000 of additional working capital. KMM expects the railroad and train to last for 25 years with no salvage value at the end of that time. The capital cost allowance for the railroad and train are set up at 4% and 10% respectively, and KMM would depreciate the fixed assets for financial reporting purposes using the straight-line method. Management believes that the railroad would eliminate the need for summer air freight and winter roads between...
8 Pages(2000 words)Coursework

Leadership styles critically assessed

...Leadership Styles Leadership Styles The fact that bill gates is one of the most successful business men alive is attributed to the ways in which he acts as a leader. Having been a founder of one of the biggest and most successful company worldwide, Microsoft, his is a story of great leadership skills and varying leadership styles that work towards making him frequently get ranked among the top richest people in the world (Goldsmith, 2010). His urge to learn from others has helped him improve in business areas that were previously a challenge to him. The humility he shows in seeking counsel from others distinguishes him from the many successful people who always brag about their wealth, and this makes him successful and...
3 Pages(750 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LAW ASSESSED WORK for FREE!

Contact Us