ken and his wife Tatiana are the only shareholders and directors of JD Pty Ltd (JD) which owns a service station. JD employs Ken as manager of the service station. one night Ken shot and badly injured an intruder who was attempting to steal the week's takings. Ken has been charged with attempted murder. could JD also be charged with a criminal offence and, if so' on what basis?

Jack, Jim and Jimmy are the directors of IJK Pty Ltd(IJK).Although Jimmy has never been formally appointed by the board as managing director' he has been running the day-to-day operations of the company since it was registered 10 years ago with the knowledge and acquiescence of the other directors, Jack and Jim. Last month, without telling either Jack or Jim, Jimmy signed a contract agreeing to buy a new computer system for IJK' Jack and Jim think that IJK cannot afford to buy a new computer system at this time and do not want to go ahead with the purchase' Advise Jack and Jim whether IJK will be bound by the contract to buy the new computer system.

Questions:

lf the contract bears the signatures of two people who are' in fact' directors of the company, the contract will be binding"' Assuming that the general requirements discussed at [7'30] are met' is this statement accurate in the light of ss 127-130?

Discuss with regard to your interpretation of the sections and case law' Would it make any difference if the signatures appeared next to an impression of the company's common seal? Should it make a difference?