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MikeLittle.
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- May 2, 2015 at 4:21 pm #243660
Dear Sir,
could you please help?
Tork is a director of Petra Ltd, a company that deals in weird and wonderful gadgets. His co-directors and shareholders, Pratik and Tariq agree that he should buy some kaleidoscopes up to a total value of £ 200. Tork finds a supplier of Kaleidoscopes, Fun Ltd, that is offering a particular model of Kaleidoscope new to the market. Tork thinks that the product is fabulous and places an order with a value of £ 27%. when the invoice arrives, Pratik and Tariq refuse to pay it because Tork has exceeded his authority. Which of the following best summarizes the legal position?
A Petra Ltd is not bound because Tork has acted beyond his auhority
B Fun Ltd cannot enforce the contract although it acted in good faith. Tork’s authority was limited ad Fun Ltd should have asked for evidence of his authority
C Petra Ltd is bound because Tork has implied authority to enter into the contract
D Fun Ltd can enforce the contract because it deals with Petra Ltd in good faithThe answer provided by the book is C( Kaplan) with not explanation
I do agree with answer C, however I think the D is also correct. As Fun Ltd has dealt in good faith, it will be able to enforce the contract.
Could you please explain why D could not be considered also correct is I am wrong with my consideration?
Thanks
Gabbi
May 2, 2015 at 9:33 pm #243708I can only imagine that it’s because Fun has been dealing with Tork and not with Petra.
But it’s a very fine distinction
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