company law assignment separate legal personality
The main issue in the question� entails a discussion relates to corporate entity or personality. As noted a key feature of the company is that is a legal person with a separate existence from the company 's members� or its directors. It is an artificial person in the eye of law that exist independently and separate from any other entity associated with the company. As a consequences a company can enter into contracts with its own shareholders� and own property in its own right. Beside that, a company can sue and be sued and taxed in its own name� and it can hold its own property and is actually liable for its own debts. This idea refers to the fact that the shareholders hold limited liability, and therefore, is not liable for the debts that belong to the company.
The decision of House of Lord 's in the case of Salomon V A Salomon & Co Ltd�, which now referred to as the 'Salomon ' principle established this principal of separate identity of the company�.
Aron Salomon and his boot and shoe business have done for company law what Mrs. Carlill and her smoke ball done for the law of contract and what Mrs. Donoghue and her adulterated ginger beer done for the law of tort.
The case of Salomon� is a case, which puts in a good view of how corporate personality and limited liability� closely connected to each other. In the case of Salomon�, because of the formation of a new company Mr. Salomon was no longer liable for the debts of the company. Nevertheless, he became the managing director of the company. It granted himself a secured charge over all the company 's assets.
Thus, if the company failed, not only would Mr. Salomon have no liability for the debts of the company, but also whatever assets were left would be claimed by him to pay off the company 's debt to him. This is because of the ownership of the debentures, when the company went into liquidation, the owner won was paid off because he has more priority than the other creditors. This is because compared to
The decision of House of Lord 's in the case of Salomon V A Salomon & Co Ltd�, which now referred to as the 'Salomon ' principle established this principal of separate identity of the company�.
Aron Salomon and his boot and shoe business have done for company law what Mrs. Carlill and her smoke ball done for the law of contract and what Mrs. Donoghue and her adulterated ginger beer done for the law of tort.
The case of Salomon� is a case, which puts in a good view of how corporate personality and limited liability� closely connected to each other. In the case of Salomon�, because of the formation of a new company Mr. Salomon was no longer liable for the debts of the company. Nevertheless, he became the managing director of the company. It granted himself a secured charge over all the company 's assets.
Thus, if the company failed, not only would Mr. Salomon have no liability for the debts of the company, but also whatever assets were left would be claimed by him to pay off the company 's debt to him. This is because of the ownership of the debentures, when the company went into liquidation, the owner won was paid off because he has more priority than the other creditors. This is because compared to
Bibliography: Chia Chee Hoong, Company Law Study Manual (Textbook Series 2010) Brickfields Asia College Publication. Chia Chee Hoong, Company Law Compilation of Cases (Complication of Cases Series 2010) Brickfields Asia College Publication.