Case law - statutory provisions, Business Law and Ethics

Assignment Help:

CASE LAW:

   The aforesaid statutory provisions for the protection of minorities have been supplemented by judicial intervention in a variety of cases which are generally explained under the following major headings:

 Fraud on the Minority

Professor Gower, writing on fraud on the minority, has stated:

                   ".......the exact meaning of the expression 'fraud on the minority' is not easy to determine.  But at least it is clear that both 'fraud' and "minority" are used somewhat loosely.  There need not be any actual deceit; if there were, those on whom it was practiced would have a common law remedy against those who had wilfully deceived them.  "Fraud" here connotes an abuse of power analogous to its meaning in a court of equity to describe a misuse of a fiduciary position.  Nor is it necessary that those who are injured should be a minority; indeed, the injured party will normally be the company itself, though sometimes those who have really suffered will be a class or section of members, not necessarily a numerical minority, who are outvoted by the controllers.  It covers certain "acts of a fraudulent character"- in the wider sense just described - of which "familiar examples are when the majority are endeavoring directly or indirectly to appropriate to themselves money, property or advantages that belong to the company or in which the other shareholders are entitled to participate".


Related Discussions:- Case law - statutory provisions

Discuss how the law deals with computer crime, Question 1: (a) A contra...

Question 1: (a) A contract is valid as soon as the parties agree on its terms. According to you, is this statement correct? Justify your answer with the relevant enactment/cas

Determine the expansionary monetary policy, Determine the expansionary mone...

Determine the expansionary monetary policy The possible spillover effects associated with expansionary monetary policy. In particular with fixed exchange rates expansionary mon

Contract, what is void contract

what is void contract

Determine the implications of the legislature, Determine the implications o...

Determine the implications of the legislature Policy outcomes are the result of legislative bargaining. So policy becomes a compromise between the executive and the legislature

State the policies of convergence, State the policies of convergence Ex...

State the policies of convergence Explained here in the simplest case with assumption that there is full representation of voters; information is symmetric and single peaked pr

What is the common law, Question 1: (a) What is "The Common Law"? (...

Question 1: (a) What is "The Common Law"? (b) What are the virtues of the Common Law? Question 2: (a) Name the three facets of "the concept of justice". (b) E

The westminster model constitutions and some leading cases, QUESTION 1 ...

QUESTION 1 Court control of how executive power is exercised is what administrative law is all about. Who are the persons under scrutiny in this area of the law? In what manner

How evidence is used to prove a criminal offence, how evidence is used to p...

how evidence is used to prove a criminal offence: This question is asking you to consider the importance of evidence, how it is used and how reliable it may be in supporting

Involuntary restraints - law of contract, Involuntary Restraints - Law of C...

Involuntary Restraints - Law of Contract Although these are restraints imposed by professional bodies and trade associations at their members to certain purposes as e.g. enhan

The restrictions imposed on locally incorporated banks, QUESTION (a) Th...

QUESTION (a) The new Guideline on Corporate Governance relates to the processes and structures that should be put in place in order to direct and manage the business and affair

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd