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Julian enters into a contract to purchase a luxurious speed boat from Flipper Boats Pty Ltd ( Flipper ) for $ 5 0 , 0
Julian enters into a contract to purchase a luxurious speed boat from Flipper Boats Pty Ltd Flipper for $ David is a salesperson employed by Flipper and he signs the contract on behalf of Flipper. Salespersons employed by companies like Flipper that sell rare and luxury boats are usually able to sign contracts of up to several thousand dollars on behalf of their companies. Flipper's constitution provides that any contract in excess of $ must be in writing and be signed by two directors with the company seal affixed. Tommy has approached Flipper and has offered more than Julian to purchase the speed boat. Can Julian rely on the statutory assumptions in the Corporations Act Cth to enforce the contract against Flipper?
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Yes, provided Julian did not know or suspect that David had exceeded his authority or failed to comply with any requirements in Flipper Boats Pty Ltds constitution, he can assume that Flipper Boats Pty Ltds constitution has been complied with.
No given that the contract exceeded $ it cannot be valid because it was not signed by two directors and the company seal was not affixed.
No because an employee cannot enter into a contract on behalf of a company.
Yes, because it does not matter that two directors did not sign the contract and the company seal was not affixed as provided in the constitution. Julian can always assume that Flipper Boats Pty Ltds constitution has been complied with.
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