By MIchael Ottley
The Briefcase sequence is designed particularly with the time-pressed pupil in brain. It offers concise case summaries inside of every one topic sector of an undergraduate legislation measure, followed via suitable laws. A convenient reference device, the ebook assists the reader to devote the content material of every topic to reminiscence. This identify covers the 4 major components of corporation legislation: the structure, formation and character of a firm; company governance; company finance; and insolvency and corporate fees. the second one version has been up-to-date to incorporate fresh vital situations, together with the home of Lords choice in Johnson v Gore wooden - (minority shareholder motion) Phillips v Brewin Dolphin Bell Lawrie Ltd - (transactions at an undervalue) O'Neill v Phillips - (unfair prejudicial behavior) Williams v typical existence wellbeing and fitness meals Ltd - (liability in negligence) the Privy Council determination in Agnew v Commissioner of Inland profit - (company charges).
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Additional info for Briefcase on Company Law (Briefcase Series)
Emma Silver Mining Co v Lewis (1879) CPD The defendants in this case were metal brokers who assisted Mr Park to sell a silver mine at a grossly inﬂated value to the plaintiff company. They assisted Park in its ﬂotation, featured in the prospectus and failed to disclose information pertinent to the true value of the mine. In turn they received commission and generous remuneration. When subsequently sued by the plaintiff company for damages they argued they were not promoters of the company as such.
Put like this, the question of whether or not Koo’s knowledge could be attributed to Meridian answers itself most obviously – it has to be in order for the disclosure provisions of New Zealand securities legislation to be at all meaningful. Hence, Meridian’s appeal was dismissed and the declaration was made that Meridian was in breach of its duty to notify the Securities Commission that it had become a substantial holder of securities in a public company. 2 The company as perpetrator of dishonesty offences DPP v Kent and Sussex Contractors Ltd (1944) The company was charged with making use of false documentation with intent to deceive and making a statement known to be false in a material particular, which constituted offences under fuel rationing regulations in force at the time.
The plaintiffs thought they had paid too much for Fidelity shares and they blamed this on the erroneous accounts which they claimed caused the shares to be overvalued and were, they alleged, the result of the defendant’s negligence. They sued in damages for negligent misstatement basing their claim on the Hedley Byrne principle. Held Conscious of the dangers of opening the ﬂoodgates of litigation to claims against auditors the House of Lords rejected the claim, ruling that the defendants were not under a duty of care to the plaintiffs.
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