Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Most candidates identied that the question was about the articles of association and its enforceability. Those who did well for this question were able to
Most candidates identied that the question was about the articles of association and its enforceability. Those who did well for this question were able to differentiate members and outsiders of the company. Good answers pointed out that as an outsider, Casper, cannot enforce the terms of the article of association just as the rule of privity applies by referring to the relevant cases. Yet those candidates who did relatively poorly did not discuss this issue adequately, with a few of them unable to even spot this issue. On the issue regarding the enforceability of the articles amongst shareholders themselves, candidates with good answers cited the relevant statutory provision and case law to support their arguments and how this is related to the factual problem. Yet those who gave poor answer simply mentioned that a shareholder can enforce the term against other shareholders based on \"fairness\
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started