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Representative action:
Where individual shareholders have suffered personal loss in addition to the injury to the company one shareholder may bring a representative action on behalf of himself and all the other shareholders who have suffered similar injury. If the action is successful the plaintiff will obtain a declaration that the improper conduct has been proved. Each injured party may then claim damages without further need to prove improper conduct.
An example is Hogg v Cramphorn (1966)
Legal rights - Winding up: In substance these two people are really partners" and by analogy with the law of partnership (which permits dissolution if the partners are really
Objection to a variation of class rights: The company proposed to reduce its share capital by repayment of the 5% 1 pound Cumulative Preference Shares (which were entitled to
Brief theoretical conceptualization of Multiple Equilibria We now come to a brief theoretical conceptualization which may give us a basis for choice of agenda or a policy prop
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Purpose of the rule: It has been stated by various English judges that without the rule in Foss v Harbottle (i) There would be futile actions. A court order
Remedies of the Ultra Vires Lender: In Sinclair v Brougham (26) the House of Lords explained that no action or suit lies at law or in equity to recove
an impartial jury must
Domestic Agency of Necessity However a married woman that has been actually or constructively deserted through her husband has authority on common law to take necessities at c
Elements of Estoppel Presentation crucially to be acted on reliance on the presentation and one is Change in the legal position as a product of the reliance and one is
Issuing shares at a discount: In Ooregum Gold Mining Co of India Ltd v Roper (45) the House of Lords held that it is illegal for a limited company to issue its shares at a dis
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