cw81408

I am currently taking the course via distance learning. Woud anyone kindly share their past assignment paper on the company law subject (assignment 1) or suggestion and/or guidance best way to prepare it? Thanks a million!

GinaUK

What questions/problems do you have with the assignment? Ask away. (When I did the course they also had an online forum where you could ask questions.)

As for how to write the answers: My books are all packed up and it's been 2 years since I did it. BUT: The course book outlined a step method on how they wanted you to tackle all questions. I can't remember what it was - have a look in your course book - but it was something simple like identify the issue(s), identify the relevant law(s) and regulation(s), identify the relevant case law, link it all together, make sure you don't forget to mention any penalties that a particular (mis) deed may incur, come to a conclusion.

When I did the paper, the questions were about four shady characters called Solly, Nck, Lindsay, and Eileen. In my answer paper I did a general introduction saying who these characters were and what the common strand was that tied their problems together.

I then took each character in turn and used the "method" (see above) to deal with their problem(s). The "method" helps writing the paper, as it gives you a logical outline to follow.

Remember that this is an open-book assignment. In other words, you're not expected to "know" the answers, but to work through your books and find them.

Gina

cw81408

Thanks Gina!

The question is relating to whether a company is bound to perform its obligations under a contract signed by a director and the comapny secretary. Under the company's constitution, all contracts must be formally approved by the Board and once they are approved, a contract must be signed by one director and the company secretary. In this case, the contract was signed before approval by the Board and later was rejected by the Board in a board meeting.

I think this case deals with actual authority and apparent authority.

2nd question is relating director duty. The case is as follows:
- the managing director ask him (director) to countersign cheques attached to invoices from an unknown supplier which he know they do no use this supplier. It turned out that all payments were misappropriated (divided between the managing director and the supplier).
- He also signed a book of blank cheques which the managing director then use for personal expenses.
- He signed financial statements which some figures were inflated. He know exactly how to check these figures but did not do the due dillegence to check. These financial statements were used to solicit a loan. Later the bank find out and call the loan. The company suffered a loss.

This case deals with director duty which he fail to perform and he should be liable?