Case Study Related To Company Law

As a result of this authority, case law is viewed as a crucial function of the judiciary body of government, for the study enables the court system to transform decisions to arrive into a sort of de facto law, which may be subsequently used to facilitate decisions made in future cases.In some instances, a judge may intentionally refute established case law as a means to re-examine a precedent to ultimately change it.

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Jennifer Mueller is an in-house legal expert at wiki How.

She received her JD from Indiana University Maurer School of Law in 2006.

(Case- study ) | May 30 2013 | Commercial applications of company law CONTENTS 1. ISSUES ………………………….................................................... However simply abstaining from voting would not be enough to prevent liability.

INTRODUCTION ................................................................................ Diana can argued that she was not breach of duty under section 181 3) If directors had reasonable grounds to expect solvency S588H (2) they may also be able to use this as a defence Elizabeth could not use this defence as she had not attended any meetings and seemed to make no attempt to acquaint herself with the affairs of the company.

However, attending law school isn't strictly necessary to acquire this valuable skill.

You can teach yourself how to analyze case law, which begins – but doesn't end – with a thorough reading of the court's written opinion.This assortment of collected opinions may be referred to in a future case by other judges when they themselves offer their rulings on similar cases; this relationship that is derived through case law, enables the law to remain relatively consistent.The majority of state trial courts—for example the California Circuit Court—will not publish opinions.Judgment Company is separate from its shareholders and this should be treated as transfer. Debts amounted to 10,000 due to Saloman & Secured by debentures and a further 7,000 due to unsecured creditors. While on the business of the company he was lost in a flying accident. (1925) Facts- M was the holder of nearly all the shares except one of a timber company. He insured the company's timber in his own name. Judgment-It was held that the company was a mere cloack or shaw for the purpose of enabling the defendant to commit a breach of his covenant against solicitation. COI is conclusive evidence that all the requirements have been complied with Moosa Goola Arif Vs Ibrahim Goola Arif Facts Company registered on the basis of MOA&AOA signed by two persons and a guardian on behalf of 5 minor members. The ROC however registered the company and issued under his hand a certificate of incorporation.The unsecured creditors claimed that as Saloman & Co. His widow claimed compensation for personal injuries to her husband while in the course of his employment. L was separate person from the company he formed and compensation was payable. His widow recovered compensation under the Workmen's Compensation Act 3. The timber was destroyed by fire & M claimed the loss from Insurance Company. The court will refuse to uphold the separate existence of the company where it is formed for a fraudulent purpose or to avoid legal obligations. Petition Plaintiff contended that COI should be declared as void.As a result of this function, many state courts do not contribute or add to the body of case law.Furthermore, Federal trial courts—such as the United States District Court—will also not publish opinions that would otherwise be added to case law.I am laying down only those which I feel important from examination point of view.These caselaws make the concept even clearer because example is a better teacher. (1916) Facts- In a company incorporated in England for the purpose of selling tyres manufactured in Germany by a German Company, all the shares except one was held by the German subjects residing in Germany. Thus the real control of English Company was in German hands. But it can assume enemy character when persons in defacto control of its affairs are residents in any enemy country or whenever resident, are acting under the control of enemies. Held that company was an enemy company for the purpose of trading and therefore it was, barred from maintaining the action.Included in these verdicts or decisions are precedents that are based off other cases and statutes that had an impact or bearing on their particular decisions.A single case may generate a dearth or virtually no written opinions or interpretations; however, other cases, such as those that are heard before the Supreme Court, may yield a number of opinions or interpretations as the case’s subject matter will invariable make their way through various lower-circuit courts.

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