Uk Separate Legal Entity Concept - 9457 Words

CORPORATIONS AND LEGAL PERSONALITY THE DOCTRINE OF INCORPORATION Module 4.1 COMPANY (artificial or abstract legal person) A company is an artificial (as opposed to a natural) person which is an entity in its own right with a legal personality separate from that and independent of its shareholders (members/owners) or directors (managers). V E I L SHAREHOLDERS (Members) DIRECTORS (Management) EMPLOYEES (natural legal persons) Relevant Case Authority O F MACAURA v NORTHERN LIFE ASSURANCE (1925) M sold his forest to a company in which he owned all the shares. M had previously insured the forest in his own name but omitted to change the relevant policy to state the name of the company as owner. The forest was later destroyed by†¦show more content†¦A company has the capacity to enter into contracts in its own name. (Because it has unlimited liability all its assets may be utilised to discharge debts). A company may have liability in tort vis a vis third parties who may have suffered injury, loss or damage by virtue of the acts or omissions of the company’s employees or agents. Cases in Point As previously observed, the SALOMON principle of separate legal personality has, benefited the shareholders of companies (refer LEE v LEE’s AIR FARMING LTD (1960). However: The price of such a benefit is sometimes borne by the creditors, in conformity with the general philosophy of the Companies Acts. (in that they cannot sue individual shareholders or directors) But! It is sometimes the case that a strict application of the SALOMON principle may result in a situation where the separate personality doctrine is likely to be abused or to lead to unjust consequences. In such circumstances, the courts and the legislature (Parliament) have intervened to lift the veil of incorporation with the result that a company will not be treated as a separate legal entity (it is said that the veil is â€Å"lifted†, â€Å"pierced† or â€Å"set aside† to reveal the identity of shareholders – or directors - with a view to ascribing liability on these individuals if cir cumstances warrant this) . Although in certain cases the courts have strictly applied the SALOMON principle, they have, on occasions, intervened toShow MoreRelatedThe Principles Of The Company Law, The Uk Cape Industries Line Of Cases1564 Words   |  7 PagesThe Salomon principle dictates that if the company is established in accordance with the requirements of the Companies Act 2006, it starts to operate as a separate legal entity. The corporate veil becomes the dividing line between this entity and its shareholders. However, it soon became obvious that this concept can be easily abused, therefore Courts fought hard in order to establish exceptions to the Salomon principle in the form of lifting or piercing the veil, allowing them to look behind theRead MoreThe Corporate Veil : Saloman And Beyond1269 Words   |  6 Pagesto promote the expansion of the economy. Humans are generally legal persons, they are bound by the legal system in which they find themselves. A dictionary definition of, ‘person refers to an individual human being, in law, however, the word has a more technical meaning ‘a subject of rights and duties A company, upon incorporation, becomes a corporate body under s.16 (2) of the Companies Act 2006, with which comes a separate legal personality distinct from its shareholders. Company law aimsRead MoreA Separate Legal Personality ( Slp )1604 Words   |  7 PagesYes I do agree with the judicial statement. A company is bestowed a separate legal personality (SLP) from its incorporators when created in accordance with the Companies Act 1985 and now in Companies Act 2006. This is crucial as it allows it to sue or be sued in its own name and to be liable for its own debts as in Lee v Lee Air Farming . As a separate legal entity, a company can enter into contractual relation with its member, shareholder or a director. It will not prohibit them from contractingRead MoreIasbs Conceptual Framework2891 Words   |  12 PagesA Report on the Significance of the IASB’s Conceptual Framework and the Exposure Draft ‘Conceptual Framework for Financial Reporting – The Reporting Entity’ Introduction This report is intended to discuss the significance of the IASB’s Conceptual Framework. It will layout the basis of the Conceptual Framework and then discuss its significance and relevance with regards to previous and future accounting industry standards. Findings The IASB’s (International Accounting Standards Board)Read MoreThe Ethics Of The Corporate Veil2801 Words   |  12 Pages‘Lifting the corporate veil’ has been the topic of the legal arguments for many years. The corporate veil refers to a principle where a registered company has a separate personality from its shareholders. As a result, the shareholder was not liable for any liabilities that his company had obtained. However, in some severe circumstances, it is important that the separate identity must not be allowed to use as a protection to wrongful act. In some situation, the corporate veil can provide harmfulRead MoreThe And Necessity Of Lifting The Corporate Veil3009 Words   |  13 Pages1. Introduction ‘Lifting the corporate veil’ has been the topic of interest for the legal profession. This principle mentions to the possibility of considering towards the company structureor the company’s separate personality to make the members liable towards their company’s debt. In respect of a limited liability company , this has been the most favoured business form for investors.Being a shareholder means that individuals obtain unlimited corporation’s profit whereas they are liable for company’sRead MoreWhat Circumstances Do, And Should, Uk Courts Lift The Corporate Veil?2812 Words   |  12 Pages‘In what circumstances do, and should, UK courts ‘lift the corporate veil?’ Introduction ‘Lifting the corporate veil’ has been the topic of the legal arguments for many years. The corporate veil refers to a principle where a registered company has a separate personality from its shareholders. As a result, the shareholder was not liable for any liabilities that his company had obtained. However, in some severe circumstances, it is important that the separate identity must not be allowed to use asRead MoreThe Doctrine Of Separate Personality And Lifting The Veil Of Incorporation2022 Words   |  9 PagesThe Doctrine of Separate Personality has been an important aspect in the Company Law for a long time. It had been discussed heavily in the Salomon v Salomon CO (1987) which was the leading case for this matter (Dine and Koutsias, 2009, p.17). In fact, it may be the most well-known case in the company law. Company law is simply any laws that related to organizations and businesses in the UK. However, the one that established the doctrine of separate persona lity is not from Salomon case, it simplyRead MoreFeatures Of Disputes Regarding The Company Act Of 2006961 Words   |  4 Pagesby using techniques known as â€Å"squeeze out† (Hollington, 2007). Thus, it is crucial to understand the concept of disputes of shareholders to better understand the barriers of collaboration with regard to the Company Act of 2006. 2.2 The company act 2006 Provisions such as limited liability on part of auditors, increased interest for shareholders, etc. are part of the Companies Act of 2006 in the UK. This Act includes limited liability by contract with regard to such an amount which is deemed reasonableRead MoreThe Principle of Separate Corporate Personality2932 Words   |  12 PagesThe Principle of Separate Corporate Personality The principle of separate corporate personality has been firmly established in the common law since the decision in the case of Salomon v Salomon Co Ltd, whereby a corporation has a separate legal personality, rights and obligations totally distinct from those of its shareholders. Legislation and courts nevertheless sometimes pierce the corporate veil so as to hold the shareholders personally liable for the liabilities of the corporation. Courts

The Strange Case of Dr. Jekyll and Mr.Hyde - 780 Words

Imagine having two people living in one body. One might be more powerful than the other. For Dr. Jekyll, he is a well-respected man around town, but wants a change in his life. Mr. Hyde is Dr. Jekyll’s other half that does many crimes throughout the story. There is a mystery the entire time until the end. In the novel, The Strange Case of Dr. Jekyll and Mr. Hyde, written by Robert Louis Stevenson; Dr. Jekyll changes into Mr. Hyde by drinking a potion that he has made himself. Mr. Hyde has many traits that differ from Dr. Jekyll, including being ugly, wicked, and ape-like. The first person to encounter Mr. Hyde was Mr. Enfield, who thought Mr. Hyde was ugly. As Mr. Enfield sees Mr. Hyde raping the little girl, Hyde is forced to pay for all the damage. Hyde has to make Enfield a check and go to the little girl’s family to tell them what he did. This is the first time Enfield sees Hyde. â€Å"He was perfectly cool and made no resistance, but gave me one look, so ugly that it brought out the sweat on me like running.† (Stevenson 4) Hyde’s characteristic are reflecting by Enfield saying that Mr. Hyde is so ugly that he looked fine until he looked at Enfield. Upon looking at him he was sweating so bad, which made him, look like he went on a run. â€Å"He is not easy to describe. There is something wrong with his appearance; something displeasing, something downright detestable. I never saw a man I so disliked, and yet I scarce know why. He must be deformed somewhere; he gives a strongShow MoreRelatedA Sense of Atmosphere in The Strange Case of Dr. Jekyll and Mr.Hyde828 Words   |  4 PagesA Sense of Atmosphere in The Strange Case of Dr. Jekyll and Mr.Hyde Introduction: The tension and suspense in the novel begins with the title, The Strange Case of Dr Jekyll and Mr Hyde. It makes you want to know what the strange case was and how it affected the characters. One day, Utterson was out walking with the town distant kinsman Mr. Enfield when they passed a house Mr.Enfield tells Mr Utterson a strange case about the house. Description of the house makesRead MoreAnalysis of Dr. Jekyll and Mr. Hyde Essay557 Words   |  3 PagesAnalysis of Dr. Jekyll and Mr. Hyde Everyone has heard of Jekyll and Hyde. The two infamous characters that portray the main roles in The Strange Case of Dr.Jekyll and Mr.Hyde. Yet, even with this phenomenal status of the book, surprisingly, not many people know what is really represented inside its pages. Firstly, to understand what made The Strange Case of Dr.Jekyll and Mr.Hyde a classical story known by young and old alike, we must look at where it began. AsRead MoreDuality Of Human Nature949 Words   |  4 Pagesnovel The Strange Case of Dr.Jekyll and Mr.Hyde by Robert Louis Stevenson, the play Romeo and Juliet by William Shakespeare, and the short story William Wilson by Edgar Allan Poe, the idea of duality is explored deeply and is one of the main themes of these works. In The Strange Case of Dr.Jekyll and Mr.Hyde, Dr. Jekyll is a well-respected scientist in London. This novel takes place in the Victorian Era, or in the mid-1800s to the 1900s, when the expectations society had were harsh. Dr. Jekyll felt thatRead MoreThe Strange Case Of Dr. Jekyll And Mr. Hyde900 Words   |  4 Pagestheir lives because nobody should bottle their emotions up. One man’s dark temptations are looked at in The Strange Case of Dr. Jekyll and Mr. Hyde by Robert Louis Stevenson. In this novel, it starts out introducing Mr.Utterson who is a lawyer. He is walking with his cousin Mr. Enfield and they find a door which leads them to a house. Mr. Enfield starts telling a story and that is how Mr.Hyde and Dr.Jekyll are introduced. â€Å" All at once, I saw two figures: one a little man who was stumping along eastwardRead MoreThe Strange Case Of Dr. Jekyll And Mr. Hyde By Robert Stevenson952 Words   |  4 Pagescreated before. Without a guaranteed safe outcome, how can an inventor be sure what they have produced is without a flaw? The answer is simple; they cannot. This is why the monster in Frankenstein by Mary Shelley, and Mr. Hyde in The Strange Case of Dr.Jekyll and Mr.Hyde by Robert Stevenson, is so unstable and causes so much trauma. These novels stem off the idea of a creator and creature relationship gone awry. Both creators were too entertained in creating things without a regards to the consequencesRead MoreThe View of Human Nature Presented in Dr. Jekyll and Mr. Hyde3064 Words   |  13 PagesStevenson present in the novel The strange case of Dr. Jekyll and Mr. Hyde? The strange case of Dr. Jekyll and Mr. Hyde Question: What view of human nature does Stevenson present in the novel â€Å"The strange case of Dr. Jekyll and Mr. Hyde†? Throughout Stevenson’s life he experienced things by looking at them in two different perspectives. He later went on to exhibit his experiences by writing a novel about split personality called â€Å"The strange case of Dr. Jekyll and Mr. Hyde†. This essay willRead MoreThe Strange Case Of Dr. Jekyll And Mr. Hyde : Literary Review1515 Words   |  7 PagesThe Strange Case of Dr. Jekyll and Mr. Hyde: Literary Review The Romantic era was plagued with class conflict, poverty, and labor issues. The Victorian novel allows those who had access to them discover and focus on moral issues with society. Among the novel that were created during the era, the genre of a gothic novella emerged. Well knowns gothic novellas included Frankenstein, The Picture of Dorian Gray, and The Strange Case of Dr. Jekyll and Mr. Hyde. Robert Stevenson’s gothic novella The StrangeRead More Comparing League of Extraordinary Gentlemen, Mary Reilly, and Dr. Jekyll and Mr. Hyde2163 Words   |  9 PagesLeague of Extraordinary Gentlemen, Mary Reilly, and Dr.Jekyll and Mr.Hyde      Ã‚   Robert Louis Stevensons short novel, The Strange Case of Dr. Jekyll and Mr. Hyde has spawned many retellings of Dr. Jekylls tale, as well as variations on the theme. The Jekyll and Hyde conceit is one that lends itself to many different forms of literature, such as motion pictures and sequential art. Sometimes liberties are taken in reinterpretations of Mr. Hyde from the original textRead MoreThe Kingdom : Movie, Beauty And The Beast1758 Words   |  8 Pagesright thing, to save the kingdom. This movie has an important, underlying lesson: only one can choose who they want to be in life and that even the wicked know when to do what is right. Similar to Descendants, the novels Dracula and The Strange Case of Dr Jekyll and Mr Hyde use this same concept, but through the ideas of mental illness, religion, and medicine. The message--even the wicked know when to do what is right-- is demonstrated in the ideas of mental illness, religion, and medicine in the

Thing They Carried Essay Free Essays

Alexandra Berliner Eshoo English 12 11/28/11 Something A Soldier Ignores: Death Fatalities are part of every person’s life. To a normal citizen, death is often followed by sadness and grief. As portrayed in â€Å"The Things They Carried† by Tim O’Brien, a soldier has to deal with the situation much differently. We will write a custom essay sample on Thing They Carried Essay or any similar topic only for you Order Now Death is portrayed in a negative light due to the fact that soldiers are greatly fearful of it and that they are forced to be unaffected by death. In order to cope with all the deaths he witnessed, O’Brien uses the retelling of war stories to heal from these traumatic events. Throughout the novel, death is definitely portrayed as being a very negative part of war. Because it is such a negative thing, death tends to instill fear in soldiers. From the beginning of the novel, death is truly portrayed as being a very negative risk that anyone at war deals with: â€Å"Beyond all this, or at the very center, was the raw fact of terror. I did not want to die. Not ever† (44). It is known that death could be the outcome of going to war, and many of these young soldiers do not want to die. Even though many soldiers end up going to war anyway, they are still fearful of death being a possible outcome for them. All of this fear and anxiety associated with war ultimately leads most people to view death in a negative light. It is definitely something that soldiers want to avoid, and even if they are not killed, death still has negative affects on them. In addition to death being portrayed in a negative light from the beginning of the novel, the soldiers are forced to be unaffected by death. As a result, it is seen how war changes people in a negative way. Once the war is all over, the negative affects are still present, and O’Brien deals with them through retelling the past. It is seen that anyone that becomes involved in war eventually learns to be unaffected by death when one of the soldiers’ girlfriends comes to visit. She never leaves because she becomes fully invested in the war: â€Å"She was dangerous. She was ready for the kill† (116). When the girlfriend first came to the war site, she was innocent. Now, she has become part of the war and is ready to kill. One of the most obvious ways that she has changed is that now she can kill people easily and is unaffected by it. The fact that such an innocent woman can be changed so drastically by war shows the negative affects of being unaffected by death. It has become part of life for these soldiers, while most people would see death as a scary thing. Additionally, we see another soldier forced to conform to the guidelines of war in the witnessing of Kiowa’s death: â€Å"The young soldier was trying hard not to cry† (170). This shows that, when first exposed to war, the soldiers are actually upset when they see another person die. This is a normal reaction that most people would have; yet, the others soldiers look down upon this person. When the young soldier is about to cry, they know that he is new to the experiences, and they just ignore him. The experienced soldiers do this because they know that every soldier just has to ignore death. It is just an unavoidable part of war. In war, death is dehumanized, and every soldier is forced to ignore it; yet, it still has lasting negative affects on the soldiers. O’Brien reveals that he deals with the situation through the retelling of war stories. By revealing these stories, it allows O’Brien, as well as the listener, to understand how exactly war works: â€Å"By telling stories, you objectify your own experience†¦You start sometimes with an incident that truly happened, like the night in the shit field, and you carry it forward by inventing incidents that did not in fact occur but that nonetheless help to clarify and explain† (160). This shows that all the bad experiences, including the thousands of deaths observed, are clarified through telling stories. Even if the stories are not totally accurate, bringing any part of the situation to light gives O’Brien the closure he needs. It allows him to understand what went on in the war and be able to heal from it. Even though the soldiers are forced not react to death as a civilized human would, it still affects them internally, and the best way for O’Brien to deal with the negativity of death is through talking about it. Death is something that every soldier has to deal with on a regular basis. Thousands of people are killed every day at war, and so, the soldiers are forced to ignore the emotions associated with death. They do not have the time to be upset in the midst of protecting our country. As a result, all of the witnessed death affect them internally and stay with them for many years after the war is over. In order to deal with the negative affects, it is seen that O’Brien uses war stories as a way of healing. It allows him to understand what he experienced and move past it. How to cite Thing They Carried Essay, Essays

Olympic Debate Speech Essay Example For Students

Olympic Debate Speech Essay Ladies and Gentlemen, adjudicator, chairman and fellow debaters. Firstly I would like to rebut the flaws in the oppositions arguments. Baron de Coubertin, founder of the modern Olympics said, These five circles represent the five parts of the world, bound by the Olympic idea. It is an honour to be part of the Olympics, a fantastic achievement to any country and individual. So would the world population be capable of giving up something so great that means so much to all of us. Our team has proven throughout this debate that it would be ludicrous to destroy an idea that has lasted throughout the ages to benefit us. Our first speaker Renee defined the topic and covered issues such as:*Olympic history*Para-lympics*BenefitsOur second speaker Josh has proven our case and argued equally important issues such as:*Tourism*Achievements*Peace between countries*Economic growthThe Olympic Games allows the best athletes in the world to match skill and endurance in a series of contests. Almost every nation sends teams of selected athletes to take part. The purposes of the Olympic Games are to foster the ideal of a sound mind in a sound body and to promote friendship among nations. If this is truly being achieved, why should the games be discontinued? How would athletes prove they are the very best? What better forum is there for the many people with disabilities? How else would we unite all nations to be at peace? What about the loss of economic growth should the games cease to exist? This is reason enough to continue the games for centuries to come. Our first speaker Renee educated you on Olympic history, to prove to you how valuable the games are. Olympic achievements are some of the most valuable memories in the history of the human race; we hold them in such high regard. This is one of many reasons to continue the games to leave more historic events for future generations. Josh our second speaker spoke about peace between nations. Our team sees this as an incredible achievement to be able to unite countries and for a second forget political issues and compete under the Olympic flag. At the Sydney Olympics no less than 197 countries competed. So I ask the affirmative how they would explain to those 197 united countries that they could no longer compete for a greater good. The answer is this is impossible to do. There is no way that we can ever forget the Olympic games, they are a part of all of us.