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Question Shirley is the owner of a shop in the western suburbs of Sydney, which specialises in clothing for children and adolescents. The clothing stocked
Question Shirley is the owner of a shop in the western suburbs of Sydney, which specialises in clothing for children and adolescents. The clothing stocked by Shirley includes school uniforms and sportswear, which is supplied directly to a range of schools in western Sydney. Shirley obtains her stock of school uniforms and sportswear directly from the manufacturer, Good Fit Pty Limited GFPL which has manufacturing facilities in Melbourne. During the last years, a couple of months before the beginning of each school year Shirley places an order with GFPL specifying details of the items required. The Directors of GFPL are brothers, Ken Ford and Frank Ford. Shirley has never met or been in direct contact with Ken or Frank. Instead, all Shirley's dealings with GFPL over the last years by letter, email and phone have been with Sally Brown, an employee of GFPL Emails from Sally Brown to Shirley have been sent from a GFPL email address sabro@igfpl.com.au and were signed "Sally Brown, Sales Advisor, Good Fit Pty Ltd In Shirley decided to expand the range of the stock she sells in her store, to cater for persons in her local area who work on construction projects. On October Shirley entered into a contract with GFPL for a quantity of men's and women's heavyduty workwear shirts and trousers, to be delivered by February at a cost of $ On November Shirley paid $ to GFPL The contract dated October had signatures on it with the names Ken Ford, Director and Frank Ford, Director next to the signatures. It did not have the common seal of GFPL on it None of the clothing ordered by Shirley was delivered by February On February Shirley called GFPL and was told that Sally Brown had taken extended leave and would not be returning for another few months. Shirley then spoke to Ken Ford, who told Shirley that GFPL would not be honouring the contract dated October for the following reasons: a Sally Brown did not hold a managerial position at GFPL but was a senior machinist who supervised a team of machinists who manufactured GFPLs garments; business of designing and manufacturing school uniforms, school sportswear and children's clothing." c Although the names of the Directors appeared on the contract dated October neither Ken Ford nor Frank Ford had actually signed it and the signatures appear to have been forged. A Advise Shirley as to whether, by reason of any legislation, Good Fit Pty Limited GFPL is in breach of the contract entered into with her on October B Advise Shirley as to whether your answer above would be different if she had been told on October by another employee of GFPL that "Sally Brown is enthusiastic about expanding GFPLs manufacturing into new markets but the Directors will take some convincing that this is the direction we should go
Question
Shirley is the owner of a shop in the western suburbs of Sydney, which
specialises in clothing for children and adolescents.
The clothing stocked by Shirley includes school uniforms and sportswear,
which is supplied directly to a range of schools in western Sydney.
Shirley obtains her stock of school uniforms and sportswear directly from the
manufacturer, Good Fit Pty Limited GFPL which has manufacturing facilities
in Melbourne.
During the last years, a couple of months before the beginning of each
school year Shirley places an order with GFPL specifying details of the items
required.
The Directors of GFPL are brothers, Ken Ford and Frank Ford. Shirley has
never met or been in direct contact with Ken or Frank. Instead, all Shirley's
dealings with GFPL over the last years by letter, email and phone have
been with Sally Brown, an employee of GFPL Emails from Sally Brown to
Shirley have been sent from a GFPL email address
sabro@igfpl.com.au and
were signed "Sally Brown, Sales Advisor, Good Fit Pty Ltd
In Shirley decided to expand the range of the stock she sells in her
store, to cater for persons in her local area who work on construction projects.
On October Shirley entered into a contract with GFPL for a quantity
of men's and women's heavyduty workwear shirts and trousers, to be
delivered by February at a cost of $ On November
Shirley paid $ to GFPL
The contract dated October had signatures on it with the names
Ken Ford, Director and Frank Ford, Director next to the signatures. It did not
have the common seal of GFPL on it
None of the clothing ordered by Shirley was delivered by February On
February Shirley called GFPL and was told that Sally Brown had taken
extended leave and would not be returning for another few months.
Shirley then spoke to Ken Ford, who told Shirley that GFPL would not be
honouring the contract dated October for the following reasons:
a Sally Brown did not hold a managerial position at GFPL but was a
senior machinist who supervised a team of machinists who
manufactured GFPLs garments;
business of designing and manufacturing school uniforms, school
sportswear and children's clothing."
c Although the names of the Directors appeared on the contract dated
October neither Ken Ford nor Frank Ford had actually signed it
and the signatures appear to have been forged.
A Advise Shirley as to whether, by reason of any legislation, Good Fit Pty
Limited GFPL is in breach of the contract entered into with her on
October
B Advise Shirley as to whether your answer above would be different if
she had been told on October by another employee of GFPL that
"Sally Brown is enthusiastic about expanding GFPLs manufacturing
into new markets but the Directors will take some convincing that this is
the direction we should go
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