Civil liabilities, Business Law and Ethics

Assignment Help:

Civil Liabilities:

LIABILITY FOR FAILURE TO STATE ANY MATTER OR REPORT

At Common Law, a contract of allotment is not a contract Uberrimae Fidei. The company is therefore not under a legal obligation to disclose or state in its prospectus any relevant matter or report. The allottee of shares has, therefore, no remedy against the company if he bought the shares which he would not have bought had the company made the relevant disclosure. This rule has not been changed by the disclosure requirements of the Companies Act.

However, the allottee may have a remedy for an omission if the failure to state any relevant fact had the indirect effect of rendering a stated fact untrue, with S.48 (a) of the Act. For example, in COLES v WHITE CITY (MANCHESTER) GREYHOUND ASSOCIATION LTD the prospectus stated that the land to be acquired by the company was "eminently suitable" for greyhound racing. No mention was made of the fact that approval of the local council was required in order to build public stands and kennels. This was held by the Court of Appeal to be a ground for rescission by the plaintiff.


Related Discussions:- Civil liabilities

Capacity to become a partner - partnership law, Capacity to Become a Partne...

Capacity to Become a Partner - Partnership Law Competence to enter in partnership is co-extensive about capacity to contract.  Actually an infant may enter in a contract eithe

Outline the main propositions of harts concept of law, Question 1: How ...

Question 1: How does Kelsen distinguish between the act of a gang of robbers and the act of a tax authority? Question 2: Referring to legal theorists you have studied,

Define public relations, Question : Public Relations units in organizat...

Question : Public Relations units in organizations are generally considered as expense centres, as only the input and expenditures can be measured adequately. Therefore, to sec

Mode of reduction - alteration of capital, Mode of Reduction: S.68 (1)...

Mode of Reduction: S.68 (1) expressly states that a company may reduce its capital "in any way". There is therefore no statutorily prescribed mode of reduction and the actual

Business names, Business Names:                             If a compa...

Business Names:                             If a company has a place of business in Kenya and carries on business under a business name which does not consist of its corporate

Importance of sound public opinion in public policy making, Question 1: ...

Question 1: "Defining the problems of society and ensuring that they are placed on the governmental agenda constitutes the most important stage of policy making process." Discu

Group accounts, Group Accounts: Section 150 requires a company which h...

Group Accounts: Section 150 requires a company which has subsidiaries to lay before the company in general meeting accounts or  statements dealing with the state of affairs an

All spark-producing devices, Mrs. Rusholme occupied the firm of Saunders an...

Mrs. Rusholme occupied the firm of Saunders and Watts to refinish floors in assured rooms of a home owned by her and her husband in Red Deer, Alberta. She told Mr. Saunders that sh

Calculate the facts in law, Mr. Hellerstein is a professor at Tahoe Law Sch...

Mr. Hellerstein is a professor at Tahoe Law School located in Tahoe California. He lives in Nevada and commutes to Tahoe Law School, which is only a 50-mile, commute one way.  Duri

Different time zones in which the issue of jammu & kasmir, Following are di...

Following are different time zones in which the issue of Jammu & Kashmir could be divided: 1. 1947: when the dispute came up 2. 1948-1957: when the matter goes to UN, the su

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