Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Armin and Eren operated a toy shop company in Melbourne under the name Jaeger Toys Ltd. They started the business in 2015 and rented an

Armin and Eren operated a toy shop company in Melbourne under the name Jaeger Toys Ltd. They started the business in 2015 and rented an office and shop in the city which were rented from Titan Pty Ltd. At the time of starting their venture, Armin contributed $25,000 to the business, and Eren brought in the equipment such as computers and desks, valued at $50,000.

Armin took care of the marketing and promotion, while Eren concentrated on the retail and administrative operations. The business employed Jean to manage the Melbourne shop and purchase stock. His authority to purchase stock is limited to $10,000 and must be approved by both Armin and Eren.

In the last four years of business operations, several problematic transactions occurred including:

1. The stores usual toy supplier (Mary) had a special discount for large orders, which prompted Jean to place an order of $30,000 worth of toys - three times the usual size of orders. When the invoice arrived, Armin and Eren refused to pay Mary and accept the stock, arguing Jean did not have the actual authority to buy the stock at that price and Mary should have known this since she was informed about Jean's position when Jean was hired.

2. Armin borrowed $10,000 from the Monash Bank to purchase a large order of Genshin Impact toys as it was predicted to be the most popular toys to buy for Christmas. This decision was made after talking to his 12-year-old nephew, who is a big fan of the Genshin Impact video game. Armin made no effort to conduct market research or consult with experts to determine whether the business decision will be profitable. Armin also failed to check the company financial reports, which would have revealed the company cannot afford the loan.

Waning interest for the toy line has resulted in less than expected sales. Jaeger Toys is unable to pay the debt and Monash Bank claims Armin's decision breached his director duty to the company.

Question 1

Advise whether Jaeger Toys Ltd (the company) is liable to pay the $30,000 debt under theCorporations Act?

Question 2

Advise whetherArmin could:

  1. Be found liable for breach of his statutory director duties under theCorporations Actand,
  2. Use any relevant defences for the alleged breach? In your answer, do not discuss the consequences!!

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Environmental Regulation Law Science And Policy

Authors: Robert V. Percival, Christopher H. Schroeder, Alan S. Miller, James P. Leape

9th Edition

1543826164, 978-1543826166

More Books

Students also viewed these Law questions

Question

What is ethics?

Answered: 1 week ago

Question

What is t he nervous syst em? (p. 1 9)

Answered: 1 week ago

Question

2. What do the others in the network want to achieve?

Answered: 1 week ago

Question

1. What do I want to achieve?

Answered: 1 week ago