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By Lorraine Talbot

Multi-disciplinary in technique, this comprehensiveВ volume examines English corporation legislations from either a socio-legal and black letter perspective.

Using a contextual and significant framework; drawing at the effect of yank legislations and felony scholarship and a case examine of mutual development societies’ march to the industry and company id, this ebook argues that glossy corporation legislation is formed through economics, ideology and current legislation and that the nation of the legislations at anybody time depends on the always transferring dynamic among them.

Scrutinizing the corporations Act 2006 in-detail and tracing the heritage of the basic ideas of corporation legislation, Talbot explores:

  • the doctrine of separate company personality
  • directors’ duties
  • minority safeguard and the doctrine of ultra vires.

Invigorating this a lot studied quarter; uncovering the social components that proceed to notify it and the political nature of the legislation itself, this textbook is a useful source for all these learning corporation law.

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Critical Company Law

Multi-disciplinary in technique, this comprehensive volume examines English corporation legislation from either a socio-legal and black letter standpoint. utilizing a contextual and demanding framework; drawing at the effect of yank legislations and criminal scholarship and a case examine of mutual construction societies’ march to the industry and company identification, this ebook argues that smooth corporation legislations is formed through economics, ideology and current legislation and that the nation of the legislations at anybody time is dependent upon the continuously transferring dynamic among them.

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Example text

Default judgments were made against the defendants and this case related to the enforcement of these judgments in the UK. Cape argued 14 [1979] JPL 169. 15 [1990] Ch 433. 32 Critical company law that it should not be liable for the activities of its subsidiary companies in the mining and marketing of asbestos. The House of Lords held that there was no basis upon which the veil could be pierced in order to make Cape liable for the activities of its subsidiaries. In examining the criteria upon which the veil could be pierced, Lord Keith stated that the economic unit argument was only applicable in cases ‘where legal technicalities would produce injustice in cases involving members of a group of companies’.

The purpose of this chapter is twofold. The first section will assess the consequences of registration through the black letter law on the doctrine of separate corporate personality, including what the doctrine means in detail and the circumstances in which the courts may deviate from it. From this law it will be seen that the circumstances in which the courts will deviate from the doctrine are extremely limited, eschewing broad considerations such as justice and fairness as a basis on which to set aside the separateness of the company.

The company, ‘People’s Pleasure Park Company’, was owned entirely by ‘colored persons’ and the company’s stated object was to create an amusement park for the enjoyment of ‘colored persons’. The question before the court was whether the company itself could be said to have a colour and thus be restricted from owning the property. The court held that a corporation was incapable of having a colour, the company was a legal being distinct and separate from its owners and incorporators. As the company was not coloured, it was not restricted from holding the property because in law the company and not Johnson was the owner of the property.

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