Companies Act and Pre-incorporation Contracts
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Questions and Answers

What was the court's consideration in determining the enforceability of a contract involving goods acquired in a prohibited manner?

  • Public policy (correct)
  • Economic impact
  • Legal precedent
  • Historical context

In the case of Yango Pastoral Co. Pty Ltd v. First Chicago Australia Ltd, what influenced the court's decision to enforce the contract?

  • The contract value
  • Vendor's title to the timber logs (correct)
  • The number of parties involved
  • The location of the goods

What are the pre-conditions for establishing a contract between a principal and a third party in case of an undisclosed principal?

  • Agent must not give the impression of acting on his own behalf (correct)
  • Third party must be aware of the agent's identity
  • Identity of the principal must not be crucial
  • Agent must be acting against the principal's wishes

When does the doctrine of undisclosed principal apply in relation to agency contracts?

<p>When the identity of the principal is crucial (D)</p> Signup and view all the answers

What is required for an express appointment to create an agency relationship?

<p>Clear manifestation of consent by both parties (B)</p> Signup and view all the answers

In what circumstances would a court consider a contract void and unenforceable?

<p>If public policy considerations dictate (C)</p> Signup and view all the answers

What is the time limit for ratification of a pre-incorporation contract where no time is specified?

<p>One month (A)</p> Signup and view all the answers

In relation to express ratification, what is the principal entitled to?

<p>Full information and disclosure (C)</p> Signup and view all the answers

In New Ireland Development Corporation Ltd v Arrow Trading Ltd, what did Lay, J state about ratification of unauthorized acts by an agent?

<p>Clear acts of adoption are essential (D)</p> Signup and view all the answers

According to the law, can a principal ratify only part of a contract that benefits them?

<p>No, it is inequitable (A)</p> Signup and view all the answers

In which case was it mentioned that the plaintiff wanted to approbate and reprobate at their convenience?

<p>Jay Mingo Pty Ltd v Steamships Trading Co.Ltd (A)</p> Signup and view all the answers

What is essential according to Lay, J for a principal to render any ratification liable?

<p>Full knowledge of the relevant facts (D)</p> Signup and view all the answers

Which legal principle prohibits taking advantage of only the beneficial parts of an agreement?

<p>Doctrine of restraint upon anticipation (A)</p> Signup and view all the answers

In the context of the text, which case involved the capacity of a married woman to enter into a contract?

<p>Kelner v Baxter (D)</p> Signup and view all the answers

Maurice A Laufa's statement about the applicability of a legal principle to parts of a term rather than just the whole refers to which concept?

<p>Agency by express appointment (A)</p> Signup and view all the answers

Which case mentioned in the text relates to the formation of an agency by express appointment?

<p>Taylor v Smith (A)</p> Signup and view all the answers

Which legal concept restricts married women from anticipating their future property and interests?

<p>Doctrine of restraint upon anticipation (A)</p> Signup and view all the answers

Which case mentioned in the text is associated with the status and implications of statutory corporations?

<p>Union Bank of Australia Ltd v McClintock (D)</p> Signup and view all the answers

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