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

How would you ensure that the code is effective, QUESTION 1 You are giv...

QUESTION 1 You are given the task to make a Code of Ethics for your organization (a) Describe a Code of Ethics (b) What are the different aspects/issues that you might in

State article 9 of air and outer space law, State Article 9 of air and oute...

State Article 9 of air and outer space law Article 9 states that each contracting State may, for reasons of military necessity or public safety, restrict or prohibit uniformly

Which was the first global treaty, Which was the first global treaty T...

Which was the first global treaty The IAEA was the first global treaty regulating and facilitating the trade of nuclear technology through its provisions. Within the framework

State article 30 of international law, State Article 30 of international la...

State Article 30 of international law Article 30 further states that his or her private residence and papers, correspondence and property are all inviolable.

Taxtation law, Question 6 Indicate any amounts from these transactions tha...

Question 6 Indicate any amounts from these transactions that is assessable income for the 2016/17 tax year. (a) Frida is a resident taxpayer employed by Sharpe Office Supplies. Sh

Article 8 - state responsibilty, Article 8 - State Responsibilty Articl...

Article 8 - State Responsibilty Article 8. Act of person or group of persons are presumed to be acting on the instructions of a state therefore even in such a situation the sta

Sources of us law of contract, Sources of US Law of Contract However t...

Sources of US Law of Contract However the Law of Contract Act 1961, S. 2(2) provides like, except as may be provided through any written law to the time being in force, hence

What are the stages in policy process, What are the Stages in Policy Proces...

What are the Stages in Policy Process The traditional textbook approach to the study of public policy separates policy making into its component steps and analyzes each in turn.

Legal justification - constructive notice, Legal justification - Constructi...

Legal justification - Constructive notice: The legal justification for this rule is that since the company's public documents in its file at the Companies Registry are availab

Discuss why the house of lords took the opposite view, The Harrow and Healt...

The Harrow and Healthy Hearts Country Club is in need of additional funds of $10,000 to build a swimming pool. An advert is placed in the local press seeking not only new members b

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