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

Statutory provisions, Statutory Provisions:  i) Definition of "Prospec...

Statutory Provisions:  i) Definition of "Prospectus" A prospectus is defined by S.2 as "any prospectus, notice, circular, advertisement or other invitation offering to the

Equity -non-recognition of trusts, Equity -Non-Recognition of Trusts T...

Equity -Non-Recognition of Trusts Therefore the common law did not recognize "trusts".  Like a case whether A conveyed property to B "on trust" for C the common law courts cou

Make-or-buy decisions, Make-or-Buy Decisions  Make or buy decision is a...

Make-or-Buy Decisions  Make or buy decision is a strategic decision that any organisation has to make, between producing an item internally and buying it externally.  With t

Case of bussiness law and ethics, Betty and Veronica always fell in lo...

Betty and Veronica always fell in love with the same men. Veronica got very jealous of Betty for stealing Archie away from her and decided to start sending her anonymous

The day on which the worker becomes aware of the misconduct, QUESTION 1 ...

QUESTION 1 a) What are the implied obligations of an employer and an employee under a contract of employment b) In what circumstances should an employer pay severance allowa

Assets in the possession of creditors, ASSETS IN THE POSSESSION OF CREDITOR...

ASSETS IN THE POSSESSION OF CREDITORS:  If the creditor has seized assets in the course of executing a judgement for debt against the company and at the commencement of the wi

Distinguish between dismissal and redundancy, Question 1: (a) Describe ...

Question 1: (a) Describe any five topics in employee relations from the following: Employee Engagement, Workplace Investigations, Employee Satisfaction, Performance Management,

Offer and iit , difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION...

difference b/w offer and ITT AND PAKISTANI CASES OF AUCTION ,ADVERTISMENT,TENDERS AND DISPLAY OF GOODS?

Write about constitutional validity of the drt act, Question 1 Describe th...

Question 1 Describe the term banking. What are the acceptable businesses for a banking company as per BR Act 1949 Question 2 When is a negotiable apparatus considered as dish

Misconduct in employment law, Question 1: " One of those general precep...

Question 1: " One of those general precepts of our law of contract is that covenants legally entered into cannot be revoked except by the mutual consent of the parties theret

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