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

Prepare tax memo , Patriot, Inc (a C corporation) filed for Chapter 11 bank...

Patriot, Inc (a C corporation) filed for Chapter 11 bankruptcy protection during August, 2011 and has worked out a re-organization plan that was accepted by the Bankruptcy Court an

Judicial limits and fact finding, American Courts, though vested with consi...

American Courts, though vested with considerable Constitutional authority, are limited in power by the other branches of the government, the States to some extent, and the people.

The final stage of the policy making process, QUESTION 1 Give an accoun...

QUESTION 1 Give an account of the distinct methods according to which information can be collected for policy analysis QUESTION 2 "Policy Evaluation marks the final sta

Resource journal, For the resource journal, you'll need to assemble: An ...

For the resource journal, you'll need to assemble: An Award and an Agreement plus a minimum of three samples of legislation that have grievance and/or dispute resolution process

Meetings and resolutions, Meetings and Resolutions: Company General Me...

Meetings and Resolutions: Company General Meetings  These are held from time to time in order: (a)   to comply with statutory provisions which require certain general me

Market failures in the financial services industry, Question: State whe...

Question: State whether the following statements are TRUE, FALSE or UNCERTAIN. Briefly (two or three paragraphs) give reasons for your answer. (a) There are no market fail

Explain unctoc, Explain UNCTOC UNCTOC identified the concept of an o...

Explain UNCTOC UNCTOC identified the concept of an organized crime. A crime is termed as an "Organized Crime" when people in different countries and/or of different national

Allotment of shares and debentures - mergers and winding up, Allotment of s...

Allotment of shares and debentures - mergers and winding up: When the scheme is before the court for final approval a minority may object on any of the various grounds indicat

What is the meaning of policy convergence, What is the meaning of Policy Co...

What is the meaning of Policy Convergence Under representative democracy - the number of voter with each preferred policy proposal can be illustrated by a frequency distributio

What is the way of acquiring rights over a territory, What is the way of ac...

What is the way of acquiring rights over a territory The way of acquiring rights over a territory is adjudication . It is a process in which the States consult an internation

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