Lifting the veil under case law, Business Law and Ethics

Assignment Help:

Lifting the veil under Case Law:

                 Numerous English cases have been variously classified by English writers as instances of "lifting the veil of  incorporation". A few of these cases are summarised  below. But it should be noted that the particular judges were merely ascertaining the facts of the case before  them and making the appropriate decision rather than  consciously or deliberately "lifting the veil of incorporation". It is the writers who have categorised the said cases as instances of lifting the veil because the decisions in those cases appeared to them to be a  modification of the principle in Salomon's case. These cases may be explained under the following headings.

Agency:

One of the ratio decidendi in Salomon's case was stated by Lord Macnaghten that "the company is not in law the agent of the subscribers". This proposition was affirmed by the English Court of Appeal and extended to associated companies in Ebbw Vale Urban District Council v South  Wales Traffic Area Licensing Authority when Lord Cohen stated:

"Under the ordinary rules of law, a parent company and  a subsidiary company, even a 100% subsidiary company, are  distinct legal entities, and in the absence of an agency  contract between the two companies, one cannot be said  to be the agent of the other. That seems to me to be  clearly established by Salomon v Salomon & Co Ltd (3).


Related Discussions:- Lifting the veil under case law

Describe the function and structure of iaea, Describe the function and stru...

Describe the function and structure of IAEA The function and structure of IAEA is defined in IAEA statute. IAEA has three main bodies: Board of Governors, General Conference a

Equitable lien, Equitable Lien General examples are for the lien of an...

Equitable Lien General examples are for the lien of an unpaid seller about land who that has moved out of possession to unpaid purchase money and such the right of partners on

Show the number of phoenix operators, Q. Show the Number of phoenix operato...

Q. Show the Number of phoenix operators ? A key challenge in quantifying phoenix activity is estimating the number of companies engaging in the activity. In 2001/02, 1.6% of co

Name the hallmark events in the evolution of nuclear law, Some of the hallm...

Some of the hallmark events in the evolution of nuclear law are: a.   1945 - The United States tested its first nuclear bomb. b.   1945 - Hiroshima and Nagasaki were attacke

Promotion, Promotion: A company comes into existence from the moment o...

Promotion: A company comes into existence from the moment of its registration by the registrar of companies. However, the  registration is preceded by what is called "promotio

Directors remuneration - company management, Directors' Remuneration: ...

Directors' Remuneration: For technical reasons the directors are not regarded as servants or employees of the company of that they are directors. Therefore  here they have no

Lifting the veil under case law, Lifting the veil under Case Law:     ...

Lifting the veil under Case Law:                  Numerous English cases have been variously classified by English writers as instances of "lifting the veil of  incorporation"

Lost by company personnel, In a business context, there are thousands of le...

In a business context, there are thousands of legal claims that happen frequently in a company's course of operations. Frequently, the management team must come to together to veri

Code of ethics and audit standards, You are an audit manager in Ecco & Co, ...

You are an audit manager in Ecco & Co, a firm of Chartered Accountants. At the monthly audit managers' meeting, the following client situation was reviewed and discussed. Ecco &

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