Fraud or improper conduct, Business Law and Ethics

Assignment Help:

Fraud or improper conduct:

English courts have intervened on numerous occasions and lifted the veil of incorporation in order to circumvent a fraudulent or improper design by a bunch of scheming promoters or shareholders. This is illustrated by the decisions in Jones and Another v Lipman and Another (13) and Gilford Motor Co Ltd v Horne (14). The court's order in the latter case is usually cited as an instance of  lifting the veil but it should be noted that the  defendant (Horne) was not a member of the company and, in principle, no veil existed between him and the company which would have been lifted by the court. It is rather an instance of the court regarding the company as Mr Horne in another form ("alter ego").

Enemy Character

A company may be regarded as an enemy if, inter alia, all or substantially all of its shares are held by alien  enemies. This is illustrated by Daimler Co Ltd v  Continental Tyre & Rubber Co (Great Britain) Ltd (15). Since there appears to be no Kenya case on the point, the principles summarised by Lord Parker may be useful guidance to a Kenyan who might have to determine, in a given case, whether a particular company is to be  regarded as a friend or enemy of Kenya.


Related Discussions:- Fraud or improper conduct

What are the types of international law, What are the types of internationa...

What are the types of international law? Two main types of international laws are there, it is public international law and private international law. Public law is law th

Powers, Powers: The ultra vires doctrine limits a company's powers to ...

Powers: The ultra vires doctrine limits a company's powers to the attainment of the company's objects under its  memorandum of association. Partnerships are not  affected by t

Define the sources of international law 2, SOURCES OF INTERNATIONAL LAW ...

SOURCES OF INTERNATIONAL LAW Apart from Treaty and Customs, the Statute of International Court of Justice (ICJ) under its article 38 (1) mentions some other sources of internati

Mind like inventions, Intellectual property refers to creations of the mind...

Intellectual property refers to creations of the mind like inventions, artistic and literary works, designs, and more used for profit. There are two categories of intellectual prop

law enforcement agencies, Do a comprehensive outline and a research paper....

Do a comprehensive outline and a research paper. A well-organized and thoughtful 3-5 page Research Paper in APA format. The impact and use of technology in policing and the cour

Determine the term - real income effects, Determine the term - Real Income ...

Determine the term - Real Income Effects This linkage between countries takes place through the current account of the balance of payments. It occurs when a change in one count

Essay on Legal Change, Identify and explain any legal changes which had res...

Identify and explain any legal changes which had resulted from Economic changes, Changes in our moral values and Political changes

Mode of reduction - alteration of capital, Mode of Reduction: S.68 (1)...

Mode of Reduction: S.68 (1) expressly states that a company may reduce its capital "in any way". There is therefore no statutorily prescribed mode of reduction and the actual

Subsidiary legislation, SUBSIDIARY LEGISLATION: Moreover this is subor...

SUBSIDIARY LEGISLATION: Moreover this is subordinate or delegated indirect legislation. In fact section 2 of the Interpretation and General Provisions Act specified subsidi

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:

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