Exceptions in turquands case, Business Law and Ethics

Assignment Help:

Exceptions:

The rule in Turquand's case will not apply if:

i.The person suing the company is in fact an insider, such as a director of the company:

Howard v Patent Ivory Co (82). Such a person has access to the company's documents from which he may discover the lack of authority. Exceptionally, he may succeed against the company if he proves that he was a recently-appointed director and had not fully acquainted himself with the internal procedures of the company.

ii.  The company's articles prescribed a special resolution which had not been passed, as illustrated by Irvine v Union Bank of Australia (83).

A special resolution is registerable under s.143 of the Companies Act and if it had been passed a copy thereof would have been delivered for registration and would have been found among the company's documents at the companies registry. Its absence shall have warned the outsider that it had not been passed.

v. There were special circumstances which should have put the outsider on inquiry: Underwood Ltd v Bank of Liverpool (case No 5); Liggett v Barclays Bank (84).

vi. The transaction is ultra vires the company, since a company's agent cannot have authority to transact a business which the company itself lacks capacity to transact.

vii. The transaction relates to the issue of a forged document, such as a forged share certificate issued by the secretary without the authority of the board, as illustrated by Ruben v Great Finggall Consolidated Ltd.

viii. Knowledge of irregularity: Liggett v Barclays Bank

vii As insider.


Related Discussions:- Exceptions in turquands case

Employer pay severance allowance to his employee, QUESTION 1 What are t...

QUESTION 1 What are the consequences of a unilateral modification of a contract of employment of indeterminate duration by an employer? QUESTION 2 (a) In what circumsta

Identified and create all contract, The Laws of Contract DSL Limited decide...

The Laws of Contract DSL Limited decide to buy a ferry on operate it between CMI and Downtown, Kingston. They did not have enough money to buy the vessel, so they borrow some from

Bluebook format - located the resource, Explain how you located the resourc...

Explain how you located the resource that addresses the question and cite that resource in proper Bluebook format: Spend & Save is claiming that our client lacks standing to s

Termination - duties of owner, Termination - Duties of Owner Although be...

Termination - Duties of Owner Although below S.12 of the Act the hirer may on any time before the final payment may or instalment falls due to terminate the agreement through li

What are the features of the omc process, What are the features of the OMC ...

What are the features of the OMC process Participation is also seen as a central feature of the OMC process, especially if it is to be extended beyond 'top-down' to encompass '

District magistrate''s court -civil appeals, District Magistrate's Court -C...

District Magistrate's Court -Civil Appeals Moreover in S.11 (1) of the Magistrate's Court Act gives that 'any person who is aggrieved through an order of a magistrate's court

International law is a law or not, Q. International law is a law or not? ...

Q. International law is a law or not? It is debatable whether international law is a law or not. Law is defined as rules established by a governing authority to institute and m

Unity and continuity of domicile, Unity and continuity of domicile Co...

Unity and continuity of domicile Conversely S.10 of the Act provides such no person may have more than one domicile at any one time and no person shall be deemed for be witho

Prospectus issue, Prospectus Issue: Under a prospectus issue the compa...

Prospectus Issue: Under a prospectus issue the company sells the shares directly to the public rather than selling them through intermediaries.

Advise sammy on the following issues, I. Sammy has been under continuous...

I. Sammy has been under continuous employment with World Entertainment Ltd for 5 years. Last Friday Sammy was called to the Director's Office and verbally informed that h

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