answer to question covering actual and apparent...
Business Law-answer to question covering actual and apparent authority to deal for a company
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Q1 The contract variations effected by Mr Barton, purportedly on behalf of Developer Pty ltd raise several issues surrounding whether Mr Barton had authority to make or vary such a contract and whether The Royal Bank was allowed to rely on that authority to make good the agreement. Developer's newly installed directors argument hinges on whether Barton's lack of actual authority to vary the contract overrode any apparent or implied authority that he may have had in dealing with Royal Bank. Royal's counter argument raises the issue of whether the bank could make assumptions as to the authority of Mr Barton and whether Royal was entitled to make those assumptions given their knowledge of Barton's position through their previous dealings. These arguments require consideration both under statue and at common law. Based on the facts there are some provisions in the Corporations Act 2001 (CTH)...
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