DQ 3

Mr. John Bedward was a sole proprietor dealing in the manufacture and supply of concrete blocks. He owned a block factory with machinery and equipment which he financed from his personal savings as well as money which he inherited from his late father. After years of operating as a sole proprietor he was encouraged by a business colleague to form a company so that he could get the benefits of limited liability. Mr. Bedward therefore incorporated "Bedward Blocks Ltd" and all the business assets including the machinery and equipment became the property of the newly incorporated business. Another business colleague advised Mr. Bedward that it would be prudent to insure the coonpany's assets. Mr. Bedward decided to insure the assets but figured that since he was the one who had acquired these assets before the incorporation of the business that it would be best that he insured t in his name, so that he could be paid personally if the assets were damaged. Mr. Bedward, had by now retired from actively running the business and had appointed his nephew as the new managing director. About six months after taking out the insurance there was a fire at the factory and all the assets were damaged. Mr. Bedward wanted the proceeds from the insurance policy but the insurers refused to pay him and his nephew, the new managing director also stated that he would not assist his uncle as he wanted the proceeds for the business to purchase new equipment and machinery. Mr. Bedward is livid and comes to you for advice as to whether he would be successful in filing a claim against the insurance company and his nephew in order to get the insurance money. He is saying that he was the one who over the years had acquired these assets and he took out the insurance policy.

A. Using case law, advise Mr. Bedward.

Question 2

OTC Ltd has ten members which included Hudson, a chartered accountant, not employed to the Company. The articles of the Company contained a provision that Hudson would be employed by the Company to do the Company's account by February 20, 2011 for a stated fee. Several months after the date stated Hudson did not hear from the Company and after several enquiries he was told that the Company hired another accountant.

a. Hudson has decided to take action against the Company. Advise him.