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Topic: Social Issues
Number of pages / Number of words: 4 / 988
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And he concluded a contract on behalf of the company, thus forming pre-incorporation agreement. It would have been pretty straight forward, if Bert would have incorporated his business and bought the computer following earlier signed agreement. Until this moment Bert is the only person who is responsible for fulfilling agreed terms with Craft & Co, because even though the company is already formed, it cannot adopt or ratify the contract signed by the promoter in pre-incorporation period (based on Re Northumberland Avenue Hotel Co [1886])...


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Until this moment Bert is the only person who is responsible for fulfilling agreed terms with Craft & Co, because even though the company is already formed, it cannot adopt or ratify the contract signed by the promoter in pre-incorporation period (based on Re Northumberland Avenue Hotel Co [1886]). And even if the company was not incorporated Bert would still remain liable to the terms of the contract (more details on that could be found in the following cases Natal Land & Colonisation Co v Pauline Lolliery Syndicate and Phonogram v Lane) and I personally think this does make sence, when promoter acting as a director is held responsible for decisions made before legal formation of the company...


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