Ultra vires- objects clause, Business Law and Ethics

Assignment Help:

The Doctrine of 'Ultra Vires':

                         The doctrine of ultra vires is a legal rule that was articulated by the House of Lords in the case of Ashbury Rail, Carriage and Iron Co Ltd v Riche (22) to the effect that, where a contract made by a company (usually by the directors on its behalf) is beyond the objects of the company as written in the company's memorandum of association, it is beyond the powers of the company to make the contract. The contract is void, illegal and unenforceable. Lord Cairns stated in an obiter dictum that such a contract cannot be ratified even by the unanimous consent of all the shareholders of the company. His Lordship observed that any purported ratification would mean that "the shareholders would thereby, by unanimous consent, have been attempting to do the very thing which, by Act of Parliament, they were prohibited from doing".


Related Discussions:- Ultra vires- objects clause

Explain territorial principle of criminal jurisdiction, Explain Territorial...

Explain Territorial principle of criminal jurisdiction The territorial principle provides that the courts of the State where a crime is committed may exercise jurisdiction over

Law of agency - lawful rules, Law of Agency - Lawful Rules Though the ...

Law of Agency - Lawful Rules Though the law of agency prescribes the lawful rules to ascertaining as:           (a) How a person possibly will become an agent; and one is

State in brief about the term - nash equilibrium, State in brief about the ...

State in brief about the term - Nash equilibrium For the foreign country its reaction function cuts its indifference curves where they are vertical. Both these reaction functio

Discuss about the three streams, Discuss about the three streams There...

Discuss about the three streams There come times, however, when these three streams are joined. An event in the political stream, such as a change in administration, calls for

Partnership agreement - voidable contracts, Partnership Agreement - Voidabl...

Partnership Agreement - Voidable Contracts Conversely an infant is bound at common law through a partnership agreement although he is free to repudiate it at all time during i

Explain the criminal jurisdiction, Explain The criminal jurisdiction Th...

Explain The criminal jurisdiction The criminal jurisdiction is exercised on the basis of the following: 1. Nationality 2. Territory 3. Universal jurisdiction and 4. Specifi

Explain The international court of justice, Normal 0 false fa...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Law of contract, Law of Contract: Mr.Sakr who owns a factory in Baabda...

Law of Contract: Mr.Sakr who owns a factory in Baabda for manufacturing furniture, signed a contract in his factory in 12-7-2009 with Mr.Abdo who used to import woods from Bra

Describe the difference between liquidation and receivership, Question 1 ...

Question 1 The doctrine laid down in Salomon v Salomon & Co. Ltd has to be watched very carefully. The Courts can and often do draw aside the veil. Discuss. Question 2

Discuss corruption is the cancer eating, QUESTION 1 Corruption is the c...

QUESTION 1 Corruption is the cancer eating at the heart of good governance of public institutions. Discuss QUESTION 2 The Prevention of Corruption Act 2002 is dangerous

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd