Question ( I understand that the answer here is just a suggestion. I Will use the suggestion
Question:
Question ( I understand that the answer here is just a suggestion. I Will use the suggestion you given to write 1000 words):
Explain whether Steel4u Pty Ltd can enforce the contract against No.1 Roofs Pty Ltd. Consider whether it can rely on the assumptions in s129 of the Corporations Act, and whether an exception to the assumption by way of s128(4) is applicable. Refer to case law to explain your conclusion
Given info:
Barry & Luke operate “Roofs Pty Ltd” for commercial market. Barry is director, Luke is director and secretary. Both are equal shareholders.
Steel4u Pty Ltd is a frequent supplier. Barry place order of $2.5m (10 times usual order), also mention Barry is started a new company elsewhere – Cheap Roofs Pty Ltd with an old friend, to also build roof. Luke is not aware of this.
Steel4u prepare contract, only Barry sign. While Steel4u director aware that usually both Barry and Luke sign, he makes no further enquiries. Barry organize good to be delivered to Cheap Roofs, Luke doesn’t know. Cheap Roof then undertake some work in Bali, return a profit of $1.5m. Cheap Roof also commences tendering for contract that usually won by Roofs.
When Steel4u request Roofs to pay $2.5m, Luke – responsible for account payable, was not aware as there is no record, and refuse to pay.
Legal Research Analysis and Writing
ISBN: 978-1133591900
3rd edition
Authors: William H. Putman, Jennifer Albright