In January 2016, Emily was instructed by Annie to incorporate a private limited company by shares as she wishes to start a business selling baking utensils. Emily approached her brother Mikel who is an accountant by profession to be employed as the auditor of the company. She had also signed a lease for a factory site at RM50,000.00 per annum. The company named Bakes Sdn. Bhd. was successfully incorporated in February 2018. Emily sublet the lease of the factory site through an agent to Bakes Sdn. Bhd. at a rental rate of RM100,000.00 per annum. It was also subsequently discovered that Annie had entered into a contract on the 17th of September 2017 with High Living Sdn. Bhd. for the purchase of office furniture at RM50,000.00. Annie is of the opinion that the price of the furniture purchased is too exorbitant and does not want to ratify it.

With references to the above facts, answer the following:

(a) Did Emily breach her duties as promoter? (10 marks)

(b) Discuss the validity of the contract dated on the 17th of September 2017 that was entered into by Emily. (15 marks)