LB100 Past Exam Questions - 2015 (translated from Thai by Akira)

Question 4
Mary at the age of 15 was talented in singing and dancing. She received a
legal consent from Peter and Becky, her parents, to enter into an
employment contract as a singer with Talent Show Company Limited.
Later on, Mary wanted to develop her singing skill for her first concert so
she hired Katy, a vocal trainer, to help her practicing the skill. Mary went
to Kerry alone without consulting with her parents first. While Mary
entered into the contract with Katy, she did not know that Katy was
ordered by court as a quasi-incompetent person. And the fact that Katy
entered into the contract as a vocal trainer was done without permission
of Kris, her curator.
3 years passed by, Mary fell in love with Thomas, aged 19. They legally
registered their marriage with consents their parents. Peter and Becky
wanted Mary and Thomas to move to live with them in Petchaburi because
they wanted to take care of Mary. But Mary and Thomas wanted to move
out and live by themselves in Bangkok. Mary, therefore, decided to
purchase a house from Danny in Bangkok at the price of 3,000,000
without consent from Peter and Becky. After they have agreed on the
contract, Mary and Thomas moved in that house. However, when Peter
and Becky learnt about that, they did not agree with Marys decision in
purchasing the house. They invoked that the sales contract of the house is
voidable because it is an important contract of a high-priced asset, thus,
need a consent from them beforehand.
Please consider these:
a) Are the vocal trainer employment contract between Mary and Katy
and the sales contract of the house between Mary and Danny void
or voidable? And why?
b) After Mary registered her marriage with Thomas and moved out to
live at the house in Bangkok, where is Marys domicile and why?
Question 5
Universal Engineering Company Limited (the company) registered its
object as to carry the construction contracting business for office and
other buildings. The constitutive act specified Alex, Ryan and Chris as
legal representatives of the company. It also specified that in making a
construction contract, the majority consent is required.
On 10 January 1997, Alex, Ryan and Chris agreed to build a veterinary
hospital for Animal Lover Foundation. The contract stated that the
company would build the hospital building and install the electricity
system within the hospital by 15 January 1999. After the construction had
commenced for 2 months, Ryan alone made a contract with Electronic
Trade Limited Partnership to purchase electronic equipment at the cost of
1,500,000 baht. The contract stated that Electronic Trade Limited
Partnership would deliver the equipment twice, first time on 15 September

1997 and second time on 15 March 1998. The company agreed to pay
promptly after each delivery, 500,000 baht on the first delivery and
1,000,000 on the second one. At the first delivery, Electronic Trade Limited
Partnership delivered the equipment as agreed. After getting the
equipment, Ryan and Chris signed a cheque in the companys name to
pay for the first instalment for 500,000 baht.
As the 9th month of construction approached, many cracks were
discovered on the hospital building. Later, it was found that the engineers
whom the three legal representatives agreed to employ as the company
engineers did not comply with the engineering standard. The Animal Lover
Foundation terminated the construction contract and demanded that the
company and the three representatives must pay fine as specified in the
contract for 5,000,000 baht.
Please answer the following:
a) Who are liable or not liable to pay 5,000,000 baht fine as claimed by
the Foundation.
b) When the second delivery came, can the company refuse the legal
bond of the sales contract by claiming that the contract was made
by Ryan alone and the contract fell outside the scope of the
companys object and outside the power of the representatives?
And do you think that the fact that Ryan and Chris signed the
500,000-baht payment cheque for the Electronic Trade Limited
Partnership would affect the legal bond of the sales contract or not?
Analyse.