Winding up on, Business Law and Ethics

Assignment Help:

WINDING UP ON:

"THE JUST AND EQUITABLE GROUND":

Unlike the other five grounds this one is widely interpreted and it is no objection that the petition is based on facts unlike the other grounds, (i.e. the ejusdem generis rule does not apply) or facts without precedent (as regards the just and equitable ground itself.  The just and equitable ground is usually relied on by a member (contributory) who is dissatisfied with or is at loggerheads with the directors or controlling shareholders over the management of the company.  But something more than dissatisfaction is needed to make it just and equitable that the company should be wound up.  Although the court has a wide discretionary power, winding up orders have been made in the following situations:

The substratum of the company has gone, i.e. the only main object(s) of the company (its underlying basis or substratum) cannot be or can no longer be achieved:

                                                  Case: RE GERMAN DATE COFFEE CO. (1882)

The objects clause specified with much particularity that the sole object was to manufacture coffee from dates under a German patent.  The German government refused to grant a patent.  The company manufactured coffee under a Swedish patent for sale in German.  A contributory petition for compulsory winding up.


Related Discussions:- Winding up on

Constitutional law for criminal justice, I have Ten writing assignments for...

I have Ten writing assignments for "Constitutional Law for Criminal Justice". They all have to be a minimum of 250 words and APA formatted in-text citations and a reference list wi

Liability of members, Liability Of Members: S.72 (1) provides that in ...

Liability Of Members: S.72 (1) provides that in the case of a reduction of share capital a member of the company so there past or present and shall not be liable in respect of

canadian business law assignment help, Are you searching Canadian business...

Are you searching Canadian business law assignment tutors for help in your college and university assignments? Do you need expert’s assistance in Canadian law assignments? We at w

Global competitiveness of firms, Question 1 Briefly explain: (i) Des...

Question 1 Briefly explain: (i) Describe Business ethics. (ii) Illustrate caveat emptor. (iii) Define corporate governance. (iv) What is whistle blowing? (v) D

What are the consensus in the political stream, What are the Consensus in t...

What are the Consensus in the political stream Political events move along at their own pace, and according to their own dynamics and rules. Developments in the political sphe

Determine the example of a relational contract, Determine the example of a ...

Determine the example of a relational contract A characteristic macro example of a relational contract with a strong lock-in effect is membership of a currency community. Self-

Law of associations, Jevin has operated a business as a sole trader for a n...

Jevin has operated a business as a sole trader for a number of years. Now, he is being advised by friends that he should consider registering as a company in order to gain the bene

Ostensible authority - authority of partners, Ostensible Authority - Author...

Ostensible Authority - Authority of Partners A difference is something drawn among the genuine and ostensible authority about a partner. Whether it is actual or express author

General rules on statute-barred debts, General rules on statute-barred debt...

General rules on statute-barred debts: A statute-barred debt should be rejected since it is not legally enforceable.  But in a members' voluntary winding up the liquidator may

What is a contract?, QUESTION The Web has made it extremely attractive ...

QUESTION The Web has made it extremely attractive to conduct commercial activities online. Companies such as Amazon.com and eBay are e-commerce powerhouses that sell all sorts

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