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

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

Importance of sound public opinion in public policy making, Question 1: ...

Question 1: "Defining the problems of society and ensuring that they are placed on the governmental agenda constitutes the most important stage of policy making process." Discu

Illegality - law of contract, Illegality - Law of Contract Therefore a...

Illegality - Law of Contract Therefore an agreement to constitute a legally enforceable contract then it must have been entered into to a lawful purpose.  But an agreement to

Benefits associated with ethical behavior, Question 1: (a) According to...

Question 1: (a) According to Archie Carroll what are the four interrelated aspects of corporate social responsibility? Use examples from the Mauritian context to illustrate you

Subsidiary legislation, SUBSIDIARY LEGISLATION: Moreover this is subor...

SUBSIDIARY LEGISLATION: Moreover this is subordinate or delegated indirect legislation. In fact section 2 of the Interpretation and General Provisions Act specified subsidi

Laws, #questiwhat are lawson..

#questiwhat are lawson..

Dishonour by non-acceptance, Dishonour by Non-Acceptance The drawee is...

Dishonour by Non-Acceptance The drawee is not prepared to meet the bill, such he will return it for the holder by means of a note to this effect, such the bill is then so said

Non renewal- time lines, 1. Please list and explain the non renewal- time l...

1. Please list and explain the non renewal- time lines for teachers. 2. Are there any changes to this under new legislation relative to House Bill 153 and or House Bill 555? An

Principle of statutory provisions, Principle of statutory provisions: ...

Principle of statutory provisions: Most of the cases in which the principle has actually been applied appear to fall within one of the following two classes:- 1. Where the

Types of goods - sales of goods, Types oF Goods - Sales of Goods Furth...

Types oF Goods - Sales of Goods Further the Act classifies goods into: like; (i) Specific Goods Whether specific goods are "goods" like are acknowledged and agreed on

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