Ultra vires- objects clause, Business Law and Ethics

Assignment Help:

The Doctrine of 'Ultra Vires':

                         The doctrine of ultra vires is a legal rule that was articulated by the House of Lords in the case of Ashbury Rail, Carriage and Iron Co Ltd v Riche (22) to the effect that, where a contract made by a company (usually by the directors on its behalf) is beyond the objects of the company as written in the company's memorandum of association, it is beyond the powers of the company to make the contract. The contract is void, illegal and unenforceable. Lord Cairns stated in an obiter dictum that such a contract cannot be ratified even by the unanimous consent of all the shareholders of the company. His Lordship observed that any purported ratification would mean that "the shareholders would thereby, by unanimous consent, have been attempting to do the very thing which, by Act of Parliament, they were prohibited from doing".


Related Discussions:- Ultra vires- objects clause

Evaluate nature of phoenix activity, Q. Evaluate nature of phoenix activity...

Q. Evaluate nature of phoenix activity? The literature on phoenix activity and the stakeholders consulted in this project emphasised that phoenix activity has evolved significa

The health and safety issues in the hospitality industry, QUESTION 1 (i...

QUESTION 1 (i) What are the principles applicable regarding the unjustified termination of a contract of employment (ii) What would be your views regarding the legal issues

Self-confidence-entrepreneurship development, Self-Confidence: Entrepreneu...

Self-Confidence: Entrepreneurs are self-confident and tackle problems immediately with confidence and are persistent in the pursuit of their objectives. Most are at their best in

McDonald''s VS Tim Horton''s sustainability report 2011, 1. set outs the di...

1. set outs the differences between the reports in terms of range of issues dealt with in the report and the depth of the coverage. 2. Explain the differences between the two repor

When was the concept of refugee expanded, When was concept of refugee expan...

When was concept of refugee expanded Refugee law encompasses international legal instruments including the following : The 1951 United Nations Convention relating to the Status

Declaration of solvency, DECLARATION OF SOLVENCY:                     ...

DECLARATION OF SOLVENCY:                                       A voluntary winding up is a members' voluntary winding up only if the directors make and deliver to the regist

Explain clause compromis and clause compromissoire, Question 1: Define,...

Question 1: Define, distinguish and discuss the limits of each of the following mechanism of Alternative Dispute Resolution, namely; (a) Conciliation; and (b) Negotiation.

Self-control in entrepreneurship development, Self-Control : Most entrepre...

Self-Control : Most entrepreneurs believe they can do the job better than anyone else and will strive for maximum responsibility and accountability. An entrepreneur needs to maint

Personal rights invaded - statutory provisions, Personal rights invaded: ...

Personal rights invaded:                    A shareholder may sue to protect from invasion their own individual rights as members.  This is illustrated by Pender v Lushington

Decision making regarding treatment vs non-treatment, In relation to the ...

In relation to the scenario below, discuss relevant ethical and legal issues that relate to decision making regarding treatment vs non-treatment.   Please note , you 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