CASE TOPIC AREA RESULTING LAW [CASE DETAILS] "Whitely v Chapel " "Interpretation of Statute " "literal rule - words given dict’ meaning [voted under dead person’s name. Cannot impersonate a dead person] " "Re Sigsworth " "Interpretation of Statute " golden rule - above disregarded if absurd/repugnant situation [son due to inherit from his mother after murdering her] "DPP vs Bull / Corkery v Carpenter " "Interpretation of Statute " "mischief rule - interpret for intended effect [law referrign
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legal effect of incorporation of a company? 5. . Explain the significance of the “veil of incorporation”? 6. List and explain the situations in which the veil will be lifted? 7. Research the following incidents: • Adams v. Cape Industries Plc and Another (1991) 1 All ER. 929 CA • The BMF scandal / Lorraine Esme Osman • The Bhopal disaster In reviewing the facts of the above incidents identify how the concept of separate legal identity operates and whether the veil ought to be lifted
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employees and shareholders. The House of Lords in the Salomon case confirmed the legal principle that‚ upon incorporation‚ a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person Company‚ which is Mr Salomon. At a specific level‚ however‚ it was a bad decision. By extending the benefits of incorporation to small private enterprises‚ Salomon ’s case has upheld fraud and the evasion of legal obligations‚
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Għ.S.L. Online Law Journal 2013 The Principle of Separate Corporate Personality RUTH BONNICI A commercial partnership has a legal personality distinct from that of its member or members‚ and such legal personality shall continue until the name of the commercial partnership is struck off1 the register.2 This separate juridical personality comes into being upon registration of a new company as one of the first legal effects of registration. The position as it had been under the Commercial
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Links: http://www.scribd.com/doc/104412675/The-principle-established-in-Salomon-v-Salomon-Ltd-1897-continues-to-underpin-company-law-however-the-courts-are-prepared-to-ignore-the-veil-of-in http://www.lawteacher.net/company-law/cases/ http://www.lawteacher.net/company-law/essays/salomon-v-salomon-co-foundation-company-law-essay.php http://www.powershow.com/view/12ac2e-OGYwZ/Salomons_Case_Salomon_v_Salomon_powerpoint_ppt_presentation
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The partnership act 1890 governs the relationship of the persons and the outside world. And in respect of dissolution; if there is no partnership agreement‚ the partnership act set out the rights and duties of the partners. Such rights and duties (by act or agreement) may be varies by the consent of all partners. (S 19). ‘The relation which subsists between persons carrying on a business in common with a view to profit.’ Under S24 (5) ‘in common’ means every partner has a say in the firm. The members
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1 FORMATION AND INCORPORATION OF COMPANIES L Meaning of Company L Advantages of Certificate of Incorporation L Characteristics or Essential Features of a Company L Effect of Certificate of Incorporation L Floatation of Company L Types of Companies • Chartered Companies L Certificate of Commencement of Business • Statutory Companies L Memorandum of Association • Registered Companies L Contents of Memorandum of Association L Introduction Companies Limited by
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companies. This resulted in a report[1] by the review committee which was chaired by Dr the Hon Kenneth Rattrary‚ OJ‚ QC‚ a former Solicitor General of Jamaica. Among the reforms recommended by the Committee were the ‘simplification’ of the incorporation process which would provide for one-man companies and the abolition of the Memorandum of Association as one of the
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“Review the rule laid down in the case of Salomon v Salomon (1897). Identify the issues that have arisen after that decision and outline how the rule has been applied in recent cases.” Once registered and the ‘certificate of incorporation’ issued a company has a legal existence that is separate and distinct from its members. As a separate legal entity the company is conferred with rights and is subject to duties and obligations‚ the company can sue to have these rights enforced and similarly it
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Salomon appealed to the house of lord and then the order was ultimately reserved in order of Salomon. Verdict court of Appeal The Court of Appeal also ruled against Mr. Salomon‚ though on the grounds that Mr. Salomon had abused the privileges of incorporation and limited liability. When question arose about whether the debenture holders or the other creditors got higher priority on the assets‚ the decision was against the debenture
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