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Director

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Director

  • This topic has 1 reply, 2 voices, and was last updated 10 years ago by MikeLittle.
Viewing 2 posts - 1 through 2 (of 2 total)
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  • May 2, 2015 at 4:21 pm #243660
    gabbi08
    Member
    • Topics: 135
    • Replies: 181
    • ☆☆☆

    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 faith

    The 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 #243708
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23327
    • ☆☆☆☆☆

    I 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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