Critical Company Law by Lorraine Talbot

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By Lorraine Talbot

Multi-disciplinary in process, this comprehensiveВ volume examines English corporation legislation from either a socio-legal and black letter perspective.

Using a contextual and significant framework; drawing at the effect of yank legislations and felony scholarship and a case examine of mutual construction societies’ march to the marketplace and company identification, this e-book argues that glossy corporation legislations is formed through economics, ideology and current legislation and that the country of the legislation at anybody time relies on the always moving dynamic among them.

Scrutinizing the firms Act 2006 in-detail and tracing the background of the elemental rules of corporation legislations, Talbot explores:

  • the doctrine of separate company personality
  • directors’ duties
  • minority safeguard and the doctrine of ultra vires.

Invigorating this a lot studied quarter; uncovering the social elements that proceed to notify it and the political nature of the legislations itself, this textbook is a useful source for all these learning corporation law.

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Some of the people in the company are mere servants and agents who are nothing more than the hands to do the work and cannot be said to represent the mind or will. Others are directors and managers who represent the directing mind and will of the company and control what it does. 31 Here, an assistant at the Norwich branch of Tesco wrongly priced Radiant washing powder, which at the time was on offer, and posters advertised an offer in the store. The store manager failed to notice the error. Tesco was charged with the offence of misstating the price under the Trade Descriptions Act 1968.

32 If senior management had put into place responsible and sufficient structures then they as the mind of the company had not rendered the company culpable. Company contractual guarantees The final exception established in common law is perhaps not an exception at all but merely the proper implementation of contracts which are not thwarted by the corporate veil. Company contractual guarantees are often offered to creditors by one company in respect of the debts of another. In enforcing this guarantee the creditor is piercing the veil to the extent that the debt is enforceable against the assets of the non-debtor company.

At this time 88 years remained on the lease. Oddfellows therefore had an interest in altering its arrangement with Littlewoods and Littlewoods likewise wished to possess the building on a different footing. Between these two bodies a scheme was devised so that Oddfellows could get a return on its property and Littlewoods could get the freehold and avoid a great deal of tax into the bargain. To institute this Littlewoods and Oddfellows engaged in a number of arrangements including the following. Littlewoods (the taxpayers) set up a company, Fork Manufacturing Ltd, to whom it assigned the lease.

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