Fraudulent trading, Business Law and Ethics

Assignment Help:

Fraudulent Trading:

Under s.323, if the court finds that the business of a company in liquidation has been carried on with intent to defraud creditors or for any fraudulent purpose it may declare that any persons who were knowingly parties to carrying on the business in this fashion shall be liable for debts of the company as the court may decide.

It has been said that "if a company continues to carry on business and to incur debts at a time when there is to the knowledge of the directors no reasonable prospect of the creditors receiving payment of those debts, it is, in general, a proper inference that the company is carrying on business with intent to "defraud" (per Maugham J. in William C Leitch Bros (No 1)(1932).  But in another case the same judge said that there must be evidence of "real dishonesty".


Related Discussions:- Fraudulent trading

Chaos Monkeys, Discuss the character of Mr. Martinez and the relationship b...

Discuss the character of Mr. Martinez and the relationship between his personal life and work life. Do effectiveness in Silicon Valley and on Wall Street require that one be like M

Perpetual succession, Perpetual Succession:                      Accor...

Perpetual Succession:                      According to the Concise Oxford Dictionary, "perpetual" means, inter alia, "applicable, valid, for ever or for indefinite time " wh

What is the use of self defence, What is the  use of self defence The ...

What is the  use of self defence The controversy regarding the use of self defence is the 'anticipatory self-defence'. Those with a restrictive view state that it no longer e

Separate meetings of each group - mergers and winding up, Separate meetings...

Separate meetings of each group - mergers and winding up: The first ground of objection was valid, ie. if within a single class of shareholders there are groups whose inte

Explain the principles of tort law, QUESTION 1 With reference to the rel...

QUESTION 1 With reference to the relevant articles of the Mauritian Civil Code, explain the principles of tort law QUESTION 2 An employer should ensure the well being of a

Contingent and prospective liabilities of the company, Contingent and prosp...

Contingent and prospective liabilities of the company: A creditor who petitions on grounds of the company's insolvency may rely on any of the following situations to show (as

State article 3 of air and outer space law, State Article 3 of air and oute...

State Article 3 of air and outer space law Article 3 refers to the fact that the Convention would be applicable to the civil aircraft only and not to the state aircraft. Also,

Election of chairman, ELECTION OF CHAIRMAN:           S.134(d) provide...

ELECTION OF CHAIRMAN:           S.134(d) provides that, unless the articles of a company contain a contrary provision, any member elected by the members present at a meeting m

Define power, 1. How does the Melian dialogue represent key concepts such a...

1. How does the Melian dialogue represent key concepts such as self-interest, the balance of power, alliance, capabilities, empires and justice? Athenian leaders arrive on the is

Explain ensuring good corporate governance, QUESTION 1 What measures do...

QUESTION 1 What measures do you consider important in ensuring good corporate governance? Explain why QUESTION 2 Explain the nature of the relationship among a bank and

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