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Companies in particular need to consider whether or not and in what circumstances it can re-acquire its own shares and in so doing, pay strict adherence to statutory requirements, lest the transaction becomes null and void. Discuss
"The principle laid down in Foss v. Harbottle continues to create a significant obstacle to minority shareholder action."Discuss.
"Whenever the courts have determined the issue of criminal liability of a company, the minds and bodies of the officers and servants of the corporation have been taken to supply its lack of mental and physical faculties. It is one thing to attribute legal capacities to a company, but quite another to treat it as having the characteristics and qualities of human beings." Discuss.
“In a sale of goods contract, there are terms which exist even though they are not expressly stated in
the written contract”.
With reference to the Sales of Goods Act 1957 and the relevant case law, discuss the above
statement. Recommend any amendment that needs to be done to the Sales of Goods Act in relating to this statement.
Maju Jaya Supermarket (MJ Supermarket) advertises in the newspapers that there is a vacancy for the post of manager. The advertisement stated that those who are interested can come anytime to MJ Supermarket for an interview from 11th April 2014 until 21st April 2014. Ahmad who was very interested with the post came to MJ Supermarket on 20th April 2014 and was informed by the owner that the post was already filled. Ahmad was very angry as he has already tendered his resignation to his former company.
On the day that Ahmad came to the MJ Supermarket, he saw Mr Chan, his neighbour, entering the MJ Supermarket and selected some canned food, shampoo, eggs and vegetables. He put all the items into his trolley. However, while he was still looking for other items, Mr Chan received a call from his son asking him to pick him up from the train station. Mr Chan left the items in the trolley and went out from the MJ Supermarket.
Advise Ahmad and Mr Chan whether there is any contract between them and the MJ Supermarket.
TEST
Your friend, Samantha is interested to buy a brand new car which amounts to $300,000. She has not
enough money to pay for the car in cash. She seeks your advice on any possibility for her to own the
said car, and what are her rights under the agreement.
Advise Samatha on the formation of the agreement and her rights under the said agreement.
“In a sale of goods contract, there are terms which exist even though they are not expressly stated in
the written contract”.
With reference to the Sales of Goods Act 1957 and the relevant case law, discuss the above
statement. Recommend any amendment that needs to be done to the Sales of Goods Act in relating
to this statement.
Recall an important decision (for example, selecting a specific discipline as a career) that you took and describe the same in terms of the steps you followed and the factors that affected it.
MC sold boards. D was the director of sales for MC. His employment contract said he was responsible for managing the sales force, including promoting sales. Pricing decisions & overall sales strategy were the responsibility of the president.

D was approached by GB, another supplier of boards which had been asked to quote a large order. GB could not fill all the order itself and proposed that MC should submit a quote for what GB couldn't supply &, if MC were successful, it would pay over 50% of profits to GB.

D agreed to the deal with GB on behalf of MC. Next, MC quoted & supplied 2500 units. MC did not learn about D's agreement with GB until after receiving payment.

MC is reluctant to pay the 50% to GB & is considering whether there is any legal basis where could be argued that it is NOT OBLIGED to pay.

1. identify legal question & area of law involved in answering it
2. identify two principles of law that apply to D to help answer question
3. Arguments for MC & ones for GB
4. Should MC pay?
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