Directors liability, Business Law and Ethics

Assignment Help:

Directors liability:

This was fraudulent preference and the bank must repay the sums received. The directors' liability under their guarantee to the bank then revived.

A payment made or charge created under threat of legal proceedings is not voluntary and so it cannot be treated as fraudulent preference even though its purpose and effect is to treat one creditor more favorable than the rest.

An ordinary commercial payment of debts made without intention of giving an advance may not amount to fraudulent preference: Re Paraguassu Steam Tramway Co (1974). However, it has recently been held that a payment will constitute a fraudulent preference if the debtor, at the time of making it, knew that he could not pay his debts as they arose and intended to pay one of his creditors in full ahead of the others.

Case: RE MATHEWS (1982)

The proprietors of an insolvent small company (who were aware of the insolvency) paid cheques into the company's bank account. Two days later the company ceased trading and two days after that the proprietors notified the bank of the termination of their personal guarantees of the company's borrowing.

Held:

Banking cheques after a decision to stop trading was a fraudulent preference in favour of the bank since at that time the proprietors knew that the other creditors would not be paid (even though they honestly believed that they would eventually be paid).


Related Discussions:- Directors liability

Dividends - alteration of capital, DIVIDENDS: As a commercial term, th...

DIVIDENDS: As a commercial term, the word "dividends" has a variable meaning which depends on the context in which it is used. For purposes of company law, it denotes the paym

Case, Corgi was the breeder of prize-winning pedigree dogs that often sold ...

Corgi was the breeder of prize-winning pedigree dogs that often sold for very high prices. Reynolds, a wealthy businessman who had recently retired, decided to purchase one of thes

Unionization, Normal 0 false false false EN-IN X-NON...

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

Discuss how the law deals with computer crime, Question 1: (a) A contra...

Question 1: (a) A contract is valid as soon as the parties agree on its terms. According to you, is this statement correct? Justify your answer with the relevant enactment/cas

Describe the evolution of health and safety legislation, Question 1: Mr...

Question 1: Mr Ben is the director of ABC Ltd. He wishes to know whether he has any responsibility under the OSHA regarding the presence of the following in his enterprise:

Judges of appeal, Judges of Appeal, Attorney and Registrar Judges of...

Judges of Appeal, Attorney and Registrar Judges of Appeal However a "judge of appeal" is a judge that who is appointed to the Court of Appeal. Attorney - General

Explain unhcr, Explain UNHCR UNHCR provides protection and assistance n...

Explain UNHCR UNHCR provides protection and assistance not only to refugees, but also to other categories of displaced or needy people. These include asylum seekers, refugees w

Legislative or parliamentary control, LEGISLATIVE OR PARLIAMENTARY CONTROL:...

LEGISLATIVE OR PARLIAMENTARY CONTROL: (i)         Parliamentary approval and (ii)        Ministerial approval and (iii)       Publication into the England Gazette and

Personal jurisdiction, A) As members of the WTO, recognize three (3) shared...

A) As members of the WTO, recognize three (3) shared interests Japan, the EU, the USA and China all share.   B) A court only requires to have personal jurisdiction over a par

Critically examine the exclusivity principle, Question 1: Critically ex...

Question 1: Critically examine the ‘Exclusivity Principle' and support your answer with relevant case law. Question 2: Even before the decision of the Court in Anismini

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