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What is separate legal personality and how does it come about?
doctrine of Ultra vires, its strict application under the old companies Act and
the Flexible application under section 36 of the new Companies Act of 2008. 8. In your
discussion cite relevant case law.
Which part of the Act sets out its purpose, and often proceeds the preamble
Discuss the doctrine of Ultra vires, its strict application under the old companies Act and the Flexible application under section 36 of the new Companies Act of 2008. In your discussion cite relevant case law.
Under which circumstances may a Legal Practitioners Fidelity Fund Board be removed from office
- Do you think labor relations is a major issue in criminal justice? Why or why not?
- Do you think it is a right of society to expect a higher standard of conduct from criminal justice employees? Why or why not?
Jenny owns a clothing shop. Jenny buys all the clothing for her shop and
although her manager, Shirley, runs the shop in Jenny's absence, she has
no authority to buy for the shop. On one occasion Shirley, without Jenny's
authority buys a batch of shirts from a wholesaler, which she thinks
Jenny will like. When Jenny hears of Shirley's transaction she agrees to keep
the shirts. However, when the wholesaler claims payment from Jenny she
refuses to pay, arguing that Shirley lacked authority to perform the
transaction.
Advise the wholesaler
Meanwhile, Sid is also a private contractor with five workers. Sid has contracted with Riku to renovate his kitchen as preparation for Riku’s engagement party in February 2021. Riku paid Sid RM5000.00 as a deposit, and they both agreed that the work must be done within two weeks and to be completed before Christmas 2020. Sid promised Riku that he would start the renovation on 1st December 2020. However, two days before December 2020, Sid and two of his workers tested positive for COVID-19 and were hospitalised for treatment. Sid informed Riku that he could not start the work within the time agreed. There will also be delays in completing the project as the other three workers were self-quarantined. Riku was so furious as he plans to organise a private Christmas party with his family and close friends to show them his newly renovated kitchen. Invitations have been sent, and Riku is embarrassed to cancel the event. Consequently, Riku terminated the contract and wanted to sue Sid.
With reference to the Contracts Act 1950 and relevant legal authorities, advise Sid on the legal implication(s) of the above situations against:
(a) Riku (30 Marks)
