Didnt know Flashcards
Ultra Vires
You as a director go beyond your authority. If you act beyond your authority, no one is bound by the contract, thus this doctrine was removed.
Stipulate the Turquan Rule: external members goes beyond their authority.
Association agreement:
Optional for members of CC to have agreements between the members.
If a member fails to notify any interest in a contract:
Upon CC finding this out, it is voidable at the option of the CC.
Doctrine of constructive notice:
Atleast 75% for change of CC to company:
True
S 65:
Gross Abuse
Personal Liability of Members:
- personal liability is imposed on members in a number of circumstances
- abuse of the separate legal personality of CC
- s 65
- failure to use the proper name of the CC
- reckless or fraudulent trading
S 20 (9)
Unconscionable abuse - broader