ABSTRACT

There are two main issues. First, what is the company entitled to do in its capacity as a company and, if there are restrictions on its power to operate, what is the effect of overstepping these constraints? Second, since a company exists only as a matter of law and must necessarily act through human agents, what is the position where the human agent engages in an activity on behalf of the company which the company was authorised to do but which the agent was not authorised to transact on the company’s behalf?