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

Article 4 - state responsibilty, Article 4 - State Responsibilty Articl...

Article 4 - State Responsibilty Article 4. Under this Article a State shall be responsible for those territories in its jurisdiction which have different status under its domes

Matters and reports, Matters and Reports: The matters and reports to b...

Matters and Reports: The matters and reports to be stated in a prospectus may be summarised as follows: 1.      The Matters The matters to be stated in a prospectus are:

List of members - meetings and resolutions, List of Members: S.130(6) ...

List of Members: S.130(6) provides that the directors shall cause a list showing the names and postal addresses of the members of the company, and the number of shares held th

Illustration of rules relating to consideration, Illustrtaion of Rules rela...

Illustrtaion of Rules relating to consideration Foakes v Beer (1884) Actually On the date 11th of August, 1875 Mrs Beer wrapped judgment next to Dr. Foakes for £2,077 1

Age of majority act , Humble, a local high school student, wished to buy a ...

Humble, a local high school student, wished to buy a moped. He intended to use it to get to and from school which was 3kms away. He also had a part-time job involving some travelli

Explain articles of universal declaration of human rights, Explain Articles...

Explain Articles of Universal Declaration of Human Rights i. Preamble: 'Whereas recognition of the inherent dignity and of the equivalent and inalienable rights of all  membe

Appropriate method adopted is to make new laws, Appropriate method adopted ...

Appropriate method adopted is to make new laws The more appropriate method adopted is to make new laws in compliance with the international laws because it would not only help

Advertising gambit, Bagra Used Cars Ltd. has as the most prominent show on ...

Bagra Used Cars Ltd. has as the most prominent show on its lot an immaculate, highly polished model which rotates slowly on a raised circular platform under powerful floodlights. T

Corporation sole - types of corporations, Corporation Sole - Types of C...

Corporation Sole - Types of Corporations However this is a legal office that is occupied through one human being only at any one time. Whether the person ceases to occupy

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

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