Explain whether a third party is required to have constructive notice of the contents or requirements of a company’s constitution and whether he needs to know of the company’s internal procedures.
Discuss whether Best Gas is bound by the contract with Indah Paradise and whether Best Gas is bound to refund the service deposit amount of RM50,000/-.
Give FOUR (4) suggestions on what should have been done by Hamdan on 15-3-2023 when Indah Paradise made a contract with Best Gas and when Hamdan was asked by Gerald to pay Best Gas a “service deposit”.
Assume that Best Gas wishes to resolve its dispute with Indah Paradise peacefully by offering to enter into a fresh contract with Indah Paradise. Give THREE (3) suggestions on the terms that Best Gas may include in the proposed fresh contract
Assume the following different facts: There was a defect in Gerald’s appointment as a director of Best Gas. This fact was not known to anyone in Best Gas or Indah Paradise at the time when the Indah Paradise contract was made on 15-3-2023.
(i) Explain whether the validity of a director’s act is affected by any defect in his appointment or qualification.
(ii) Discuss whether Gerald’s act of signing the Indah Paradise contract was valid.
Discuss whether Best Gas can obtain an injunction against Johan Gas to restrain the latter from continuing to solicit business from Best Gas’s customers.
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