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

Article 33 - pacific settlement of disputes, Article 33 - Pacific settlemen...

Article 33 - Pacific settlement of disputes Article 33 the meaning of Negotiation is the same as in domestic law. It is a preferred mode and third party intervention is not nee

Discuss the role of policy maker, Discuss the role of policy maker A po...

Discuss the role of policy maker A policy maker, who focuses mainly on the possibility of remaining in the office, faces different set of incentives in choosing policy. He trie

Committal stage - reading, Committal Stage: In this such order 103 off...

Committal Stage: In this such order 103 offers that a Bill having been read a second moment shall stand committed to a committee of the Whole House, unless the House commits t

Trade unions - unincorporated associations, Trade Unions - Unincorporated A...

Trade Unions - Unincorporated Associations Therefore these are registered under S.11 of the Trade Unions Act 1952 into the primary object of regulating the relations between e

Statutory report - meetings and resolutions, Statutory report - meetings an...

Statutory report - meetings and resolutions: Contents of the statutory report.  Section 130(3) provides that the statutory report shall be certified by not less than two direc

Void contracts - law of contract, Void Contracts - Law of Contract Whe...

Void Contracts - Law of Contract Whereas  the Infant's Relief Act 1874 of the UK applies to the US as a statute of general application such was in force in the UK on date 12 A

Directors remuneration - company management, Directors' Remuneration: ...

Directors' Remuneration: For technical reasons the directors are not regarded as servants or employees of the company of that they are directors. Therefore  here they have no

Define good governance, QUESTION The vision of a modern and efficient Pu...

QUESTION The vision of a modern and efficient Public Service is to ensure good governance and achieve excellence in the delivery of public services (a) Define good governance

What is the meaning of remuneration, QUESTION 1 Explain the meaning of ...

QUESTION 1 Explain the meaning of ‘constructive dismissal' with reference to appropriate case law QUESTION 2 (a) What is the meaning of remuneration? (b) What type o

How international law regulating state succession, STATE SUCCESSION Int...

STATE SUCCESSION International law regulating state succession deals with the situation where there is a change in sovereignty over a particular territory. State succession occ

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