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

an express term and an implied term, What is the difference between an exp...

What is the difference between an express term and an implied term? Provide me with an example of each.

Corporate form based definition of phoenix activity, Q. Corporate form base...

Q. Corporate form based definition of phoenix activity? As phoenix activity entails the manipulation of the corporate form, it can be defined in these terms. A definition could

Question if business law, I am  Lauren Garcia, I have an order my assignmen...

I am  Lauren Garcia, I have an order my assignment, please answer me back here Describe what parts of business law are involved in the following scenario. What issues are invo

Explain two scenarios of restraint of trade clause, Explain two scenarios i...

Explain two scenarios in which a restraint of trade clause would typically be used.

Merger accounting, MERGER ACCOUNTING: It may happen that, during a "ta...

MERGER ACCOUNTING: It may happen that, during a "take-over" of one company (A) by another company (B), shares in the latter company are issued to shareholders of the former co

Name the types of state immunity, Name the Types of  state  immunity ...

Name the Types of  state  immunity The state  immunity  is  categorized  into  two:  A) Absolute  immunity   B) Restrictive immunity.

Meaning of oppression, MEANING OF "OPPRESSION":                    The...

MEANING OF "OPPRESSION":                    The Section does not define the word "oppression" or what constitutes "oppressive conduct".  However, the Cohen Committee's Report

Liability of auditors, Liability of auditors: It would cover any act o...

Liability of auditors: It would cover any act of negligence - any actionable wrong by an officer of a company which did not involve any misapplication of the assets of the com

Law society of england, Law Society of England However the Law Society...

Law Society of England However the Law Society of England is a body corporate constituted through the Law Society of England Act.  Therefore its objects or functions are, amon

Policies which reduce energy supplies, 1. Indicate whether the following st...

1. Indicate whether the following statements are true or false and briefly explain your answer. a. Actions by government to increase spending and by the central bank to increase

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