Question
Daud and Idham decided to form a company called Daham Sdn Bhd (the company). After the relevant documents for registration had been submitted to the
Daud and Idham decided to form a company called Daham Sdn Bhd (the company). After the relevant documents for registration had been submitted to the Companies Commission of Malaysia, Daud purchased a premise from Zain for Rm500,000. After the company was issued with the certificate of incorporation, Daud sold the premise to the company for RM550,000 without disclosing his purchase price. The company has now discovered the true facts and wishes to rescind the sale, or alternatively, claim from Daud the profit of RM50, 000 which he made on the sale. 1. Explain the legal status of a contract made on behalf of the company before its incorporation. 2. Explain what a company can do if company wants to make a contract before incorporation. 3. Discuss whether Daud breached any duty as a promoter. 4. Discuss what can be done by Daham Sdn Bhd.
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