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Please answer questions with clear explanation. Thank you. 1. Equity Investments Co Ltd (EICL) is constituted under the Companies Act 1993. EICL has a registered

Please answer questions with clear explanation. Thank you.

1. Equity Investments Co Ltd (EICL) is constituted under the Companies Act 1993. EICL has a registered constitution which provides, amongst other things, that it shall only carry on the business of investing in shares. The board of directors of EICL observes that commercial real estate (i.e. land) prices are rising in value faster than shares. It decides to purchase some commercial land from Charles Henry as an investment. Charles Henry happens to be the senior partner at the legal firm that EICL uses for advice. EICL and Charles Henry enter into a contract for the sale and purchase of the commercial property. After the contract is signed but before EICL had completed the purchase of the land the value of commercial property slumps severely. The board of directors of EICL realises that, because of the slump in the value of commercial property, its contract with Charles Henry has become loss making. Charles Henry has read EICL's constitution when providing legal services to the company, but has forgotten what it contains.

Required: Referring to relevant sections of the Companies Act 1993, advise the board of directors of EICL whether it must perform the contract.

2. Equity Investments Co Ltd's constitution provides that Equity Investments Co Ltd will own and operate an equity securities investment business. It also provides Equity Investments Co Ltd will not own or operate any other kind of business. Equity Investments Co Ltd enters into a contract with Wilson Construction Co Ltd to purchase a 10-story central city commercial property for investment purposes. Subsequently, the Income Tax Act 2007 is amended with adverse consequences for lessees, and market rentals for central commercial property drop significantly. Equity Investments Co Ltd then refuses to proceed with the contract. Mark Wilson is a director of both Equity Investments Co Ltd and Wilson Construction Co Ltd.

Required: Referring to relevant sections of the Companies Act 1993, advise Wilson Construction Co Ltd whether it can enforce its contract with Equity Investments Co Ltd.

3. Natural Products Co Ltd (NPL) owns and operates a business of manufacturing wooden components for residential building. Jim Alexander, chief executive of Residential Construction Co Ltd (RCL), rang NPL to purchase wooden products to construct wooden fences in a large residential development. Miriam Faithful, personal assistant to the chief executive of NPL, answered the phone. She realised Jim's call related to sales, and she asked Jim to talk to Gary Robinson, a sales representative at NPL. Gary Robinson had in fact been appointed to another position in the company, and no longer worked in sales. When Gary received the call from Jim, he told Jim he no longer worked in sales. Jim responded he had already spoken to someone in management, and they had instructed him to deal with Gary. Consequently, Gary took the order, comprising a commitment to sell 30 tonnes of wooden products a month for 24 months at NPL's asking price of $1,000 per tonne, documented the order on NPL's sales form, signed it, and sent it to RCL. The price of timber increased because of increased demand, and NPL began losing large amounts of money on the contract with RCL.

Required: Referring to relevant sections of the Companies Act 1993 and the general law, advise Natural Products Co Ltd whether it is bound by the contract with Residential Construction Co Ltd.

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