Question 4ab
Kut Ltd is a small private company. Although there are three members of its board of directors, the actual day-to-day running of the business is left to Leo, who simply reports back to the board on the business he has carried out. Leo refers to himself as the chief executive officer of Kut Ltd, although he has never been officially appointed as such.
In October 2014, Leo entered into a normal business contract on Kut Ltd’s behalf with Max. However, the other members of the board have subsequently lost confidence in Leo and have refused to pay Max, claiming that Leo did not have the necessary authority to enter into the contract with him.
Required:
(a) | State the usual authority of individual directors to enter into binding contracts on behalf of their company. |
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(b) | Explain whether or not Kut Ltd is liable to pay Max. |