Rule in turquands case, Business Law and Ethics

Assignment Help:

Rule in Turquands case:

This statement can be reduced to two propositions which constitute what is compositely known as "the rule in Turquand's case", namely:;

i. A person dealing with a company is bound to read the relevant restrictive provisions of the Companies Act, like the memorandum of association of the such company and the company's articles of association. Whether he doesn't do like same he will be deemed to have read them and, as a consequence, to have been aware of their provisions.

ii. In so far as the articles provide that a transaction may be effected by some internal procedure, the person dealing with the company (called "outsider") may assume that the procedure has been duly complied with.

The effect of these propositions is that the company will be bound by the transaction even if the prescribed procedure was in fact not followed or complied with. Hence an "internal procedure" for this purpose would usually be a decision of the company which is made by an ordinary resolution passed by the company in general meeting, or a resolution of the directors passed at a board meeting. Such a resolution is not registerable at the Companies Registry pursuant to s.143 or any other section of the Companies Act and the outsider who goes to the Registry would not be in a position to ascertain whether it had in fact been passed. Rather than compel him to go to the relevant office of the company to make enquiry after then the courts decided to, as it were, "give him the advantage of the doubt" through holding that the resolution will be deemed to have been passed even if it had not actually been passed.


Related Discussions:- Rule in turquands case

Principles of social investigative orcriminological research, The aim of th...

The aim of this module is to introduce you to the principles of undertaking social investigative and criminological research and evaluation. You will develop a critical awareness o

Contents of the notice - meetings and resolutions, Contents of the Notice: ...

Contents of the Notice: The notice convening a meeting must be clear and explicit so that the person receiving it may be in a position to decide whether or not he ought in his

Introduction to research methodology, The research methods module arrives t...

The research methods module arrives towards the end of the MBA programme and is not only intended to integrate knowledge acquired on the programme, but also to provide an understan

Elements of a contract - offer, Elements of a Contract - Offer Further...

Elements of a Contract - Offer Further this is an unequivocal manifestation through one party of its intention to contract into another. So well it is a clear intimation for i

Period within which the dismissal itself must be effected, QUESTION 1 O...

QUESTION 1 One of the main ingredients of a system of collective bargaining is the right to join and participate in the activities of a trade union. What is the extent of this

Unauthorized contracts - company secretary, Unauthorized Contracts: It...

Unauthorized Contracts: It may sometimes happen that a company's agent, while entering into a contract on behalf of the company, exceeds his powers under the articles of assoc

Discuss the advantages of arbitration over litigation, QUESTION 1 Mr To...

QUESTION 1 Mr Tom, a businessman, has a commercial dispute with one of his clients. He has heard about Alternative Dispute Resolution and he believes that mediation, conciliati

Market failures in the financial services industry, Question: State whe...

Question: State whether the following statements are TRUE, FALSE or UNCERTAIN. Briefly (two or three paragraphs) give reasons for your answer. (a) There are no market fail

Organizational structure of urban authorities, Question 1: What do you ...

Question 1: What do you consider to have been the significant factors in the historical development of urban local government in Mauritius? Question 2: Give an account

Ethics in finance, MSc Finance and Management 2012-13 Ethics in Finance E...

MSc Finance and Management 2012-13 Ethics in Finance Ethics in Finance, Assessment Answer ALL THREE questions. This should be your own unaided work (this is an ethics assessmen

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