Portfolio questions and activities. Do any three questions:

1. Discuss the ways in which a company can enter into a contract.

2. Discuss why an understanding of the statutory assumptions are important in

assessing whether or not a company is liable for the acts of directors, agents

and employees (especially s 128(3))

3. Assume that a person who appears on ASIC records as a director, and whom

everyone (including the company) thought was validly appointed as a

director, is not, in fact, validly appointed. The notice requirements for the

convening of the board of director’s meeting at which she was appointed

were not complied with. Does this fact alone invalidate a contract signed by

her in the capacity of director?

4. Brett and his wife Dina are the only shareholders and directors of BD Pty Ltd

(BD) which owns a service station. BD employs Brett as manager of the

service station. One night Brett shot and badly injured an intruder who was

attempt to steal the week’s takings. Brett has been charged with attempted

murder. Could BD also be charged with a criminal offence? If so, on what

basis?