題目

?Explain whether Mo is entitled to payment from Katch Ltd in respect of the contract entered into by?Len?

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考點：Chapter18Companydirectors

?The circumstances in which Katch Ltd finds itself are very similar to that of the Freeman & Lockyer v?Buckhurst Park Properties (Mangal) Ltd 1964 case. Len has been allowed by the board to act as if he were?Chief Execute Officer and therefore as a third party Mo is entitled to assume that he has the implied authority?of one. This authority permits him to bind the company in commercial contracts, so the company will be?bound by the advertising contract entered into by Len. Katch Ltd therefore has a liability to pay Mo or be?sued for breach of contract.?

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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