Suing and being sued, Business Law and Ethics

Assignment Help:

Suing and being Sued:

           Because a company is at law a different person altogether from its members it follows that a wrong to, or by, the company does not legally constitute a wrong to, or by, the company's members. Consequently:

(a)     A member or members cannot institute legal proceedings to redress a wrong to the company. The company as the injured party is, generally speaking,the proper plaintiff. This is illustrated by the facts of, and the decision in, Foss v Harbottle (6).

(b)     A member cannot be sued to redress a wrong by the company. This is illustrated by Salomon v Salomon& Co Ltd (3) in which it was held that Salomon was not liable for the company's debts and should not therefore have been sued to recover them.


Related Discussions:- Suing and being sued

Consideration must move from the promise - law of contract, Consideration m...

Consideration must move from the promise - Law of Contract Conversely the rule that "consideration must move from the promisee" means such only a person who has personally giv

Examine the criminal liability of amin, Question : In July 2007 Amin se...

Question : In July 2007 Amin sent a brochure of a hotel he was running and managing to Sam, a travel agent and included the following statement: "The hotel provides a range of

Define the outer boundaries of policy choice, Define the outer boundaries o...

Define the outer boundaries of policy choice The agenda proper tends to be set by political forces and actors located outside of the researcher/analyst community. Elected polit

Article 8 - state responsibilty, Article 8 - State Responsibilty Articl...

Article 8 - State Responsibilty Article 8. Act of person or group of persons are presumed to be acting on the instructions of a state therefore even in such a situation the sta

The procedures that an employer should follow, QUESTION (a) What do you...

QUESTION (a) What do you understand by the term misconduct in employment law. How does the English definition of misconduct differs from the French definition of misconduct?

Effect of registration, Effect of Registration: S.16(2) of the Act pro...

Effect of Registration: S.16(2) of the Act provides that "from the date of incorporation mentioned in the certificate of incorporation the subscribers to the memorandum of a

Proceedings at meetings - meetings and resolutions, Proceedings at Meetings...

Proceedings at Meetings: (a)Each item of business comprised in the notice should be taken separately, discussed and put to the vote.  Members may propose ammendments to the re

Illustrate the economic and social council of united nations, Illustrate th...

Illustrate the Economic and Social Council of United Nations. UN Economic and Social Council: The Economic and Social Council (ECOSOC) functions as the central forum for

Benefits of non-accepting shareholders, Benefits of non-accepting sharehold...

Benefits of non-accepting shareholders: The minority whose shares are acquired compulsory under s.210 are entitled to all the benefits included in the original offer and accep

How he can set up a trade union of workers, QUESTION John, an employee,...

QUESTION John, an employee, at Mauricia Travel Ltd, wishes to set up a trade union. He has been told that trade unions are very beneficial to employees and if trade unions and

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