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Thread: When the close corporation structure fails to protect the members.

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    Platinum Member sterne.law@gmail.com's Avatar
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    There will always be a remedy.

    if there is misrepresentation by the individual then he can be sued for performance.

    Alternatively if the company knew of it then they can be sued under estoppel.
    the payment of the contract, especially if by debit order, now supports that the company knew about and allowed it to continue to run and have tacitly accepted.

    There is also the agency issue. A manger is essentially an agent acting for and on behalf the priciple. Thus a valid contract is concluded.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Dave A (11-Dec-10)

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