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Attribution Of Liability To United Kingdom Companies
Attribution of liability to United Kingdom companies involves the rules of contract, agency, capacity, tort and crime as they relate to UK company law. They establish under what circumstances a company may be sued for the actions of its directors, employees and other agents. Principles of attribution While a limited company is deemed to be a legal person separate from its shareholders and employees, as a matter of fact a company can only act through its employees, from the board of directors down. So there must be rules to attribute rights and duties to a company from its actors. This usually matters because an aggrieved third party will want to sue whoever has money to pay for breach of an obligation, and companies rather than their employees often have more money. ''Ultra vires'' and its abolition Up until reforms in 2006 this area used to be complicated significantly by the requirement on companies to specify an objects clause for their business, for instance "to make and s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency Law
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Hesley Hall Ltd
''Lister v Hesley Hall Ltd'' 001UKHL 22is an English tort law case, creating a new precedent for finding where an employer is vicarious liability, vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer. The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability. Facts A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties. The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canary Wharf
Canary Wharf is an area of London, England, located near the Isle of Dogs in the London Borough of Tower Hamlets. Canary Wharf is defined by the Greater London Authority as being part of London's central business district, alongside Central London. With the City of London, it constitutes one of the main financial centres in the United Kingdom and the world, containing many high-rise buildings including the third-tallest in the UK, One Canada Square, which opened on 26 August 1991. Developed on the site of the former West India Docks, Canary Wharf contains around of office and retail space. It has many open areas, including Canada Square, Cabot Square and Westferry Circus. Together with Heron Quays and Wood Wharf, it forms the Canary Wharf Estate, around in area. History Canary Wharf is located on the West India Docks on the Isle of Dogs. West India Dock Company From 1802 to the late 1980s, what would become the Canary Wharf Estate was a part of the Isle of Dogs (Millw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freeman And Lockyer V Buckhurst Park Properties (Mangal) Ltd
''Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd'' 9642 QB 480 is a UK company law case, concerning the enforceability of obligations against a company. Facts Mr Freeman and Mr Lockyer sued Buckhurst Park Ltd and its director, Shiv Kumar Kapoor, for unpaid fees for their architecture work on developing the ‘Buckhurst Park Estate’ in Sunninghill, Berkshire. The company’s articles said that all four directors of the company (another Mr Hoon, who was never there, and two nominees) were needed to constitute a quorum. Originally the company planned to simply buy and resell the land, but that fell through. Kapoor had acted alone (as if he were a managing director) in engaging the architects, without proper authority. The company argued it was not bound by the agreement. Judge Herbert at Westminster County Court held the company was bound, and the company appealed. Judgment Diplock LJ held the judge was right and the company was bound to pay Freeman and Lockyer for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apparent Authority
In the United States, the United Kingdom, Australia, Canada and South Africa, apparent authority (also called "ostensible authority") relates to the doctrines of the law of agency. It is relevant particularly in corporate law and constitutional law. Apparent authority refers to a situation where a reasonable third party would understand that an agent had authority to act. This means a principal is bound by the agent's actions, even if the agent had no ''actual'' authority, whether express or implied. It raises an estoppel because the third party is given an assurance, which he relies on and would be inequitable for the principal to deny the authority given. Apparent authority can legally be found, even if actual authority has not been given. -deluxe There must be some act or some knowing omission on the part of the principal—if the agent alone acts to give the third party this false impression, then the principal is not bound. However, the principal will be bound if the agent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hely-Hutchinson V Brayhead Ltd
''Hely-Hutchinson v Brayhead Ltd'' 9681 QB 549 is a UK company law case on the authority of agents to act for a company. Facts Lord Suirdale ( Richard Michael John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal. The CEO, chairman and de facto managing director of Brayhead Ltd, Mr Richards, had guaranteed repayment of money, and had indemnified losses of Lord Suirdale in return for injection of money into Lord Suirdale's company Perdio Electronics Ltd. Perdio Ltd was then taken over by Brayhead Ltd and Lord Suirdale gained a place on Brayhead Ltd's board, but Perdio Ltd's business did not recover. It went into liquidation, Lord Suirdale resigned from Brayhead Ltd’s board and sued for the losses he had incurred. Brayhead Ltd refused to pay on the basis that Mr Richards had no authority to make the guarantee and indemnity contract in the first place. Roskill J held Mr Richards had apparent authority to bind Brayhead Ltd, and the company appeale ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation In English Law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has beco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahony V East Holyford Mining Co
Mahony may refer to : *Bertha Mahony (1882–1969), children’s literature publisher *Chris Mahony (born 1981) New Zealand rugby union player * Dennis Mahony (1821–1879), Irish-American journalist and politician *Eoghan Mahony, American television writer and producer *Francis Sylvester Mahony (1804–1866), also known as Father Prout, Irish humorist *Frank Mahony (public servant) (1915–2000), Australian public servant and Director-General of Security *Frank P. Mahony (1862–1916), Australian artist and member of the Dawn and Dusk Club * Harold Mahony (1867–1905), Irish tennis player *Jerry Mahony (born 1956), British auto racing driver *John Keefer Mahony (1911-1990), Canadian recipient of the Victoria Cross *Junior Mahony (1897–1973), Irish hurler *Leo Halpin Mahony (born 1931), American architect * Louise Mahony, Irish camogie player *Marion Mahony Griffin (1871–1961), American architect and artist *Pauric Mahony (born 1992), Irish hurler *Philip Mahony (politician) (18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal British Bank V Turquand
''Royal British Bank v Turquand'' (1856) 6 E&B 327 is a UK company law case that held people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not. This "indoor management rule" or the "Rule in Turquand's Case" is applicable in most of the common law world. It originally mitigated the harshness of the constructive notice doctrine, and in the UK it is now supplemented by the Companies Act 2006 sections 39-41. Facts Mr Turquand was the official manager (liquidator) of the insolvent Cameron's Coalbrook Steam, Coal and Swansea and Loughor Railway Company. It was incorporated under the Joint Stock Companies Act 1844. The company had given a bond for £2,000 to the Royal British Bank, which secured the company's drawings on its current account. The bond was under the company's seal, signed by two directors and the secretary. When the company was sued, it alleged that under its registered deed of settlement (the articles o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
