From this announcement, we can say that a company is a separate legal entity having a separate life, different from its members. A company can be an owner of any property, can sue anyone, can be sued by anyone and has a life just as any going concern. It is a commonplace of the law, is a very heavy veil drawn between the two can be lifted in many cases; it seems that only a limited number of changes is based on current judicial thinking.
2.2 Some doctrines about Corporate Veil
The Court does not always apply the principles established in Salomon v. Salomon & in many cases, the court will or will ignore the piercing of corporate veil, to reveal the real person or the form and characteristics of the company. The reason behind this may be that the law will not allow the abuse of corporate form or for the purpose of the statute is set. In this case, the court held that the corporate form is being abused, will tear through the corporate veil and expose the true character and nature of its main provisions of the House of Lords by ignoring the Solomon principle.
2.2.1. Agency
In Bodrip v. Solomon case, justice Vaughan Williams said the company is only an agent of Solomon. "This business is Mr. Solomon's business and no one else, that he chose to employ as an agent limited liability company, which he bound to compensate the agency, and this agency, the company has a lien on the assets "However, in the appeal to the court ruled that companies do not automatically become the agent of the shareholders, even if it is the House of Lords one man company and other shareholders, they were dummies.
Have the ability to act as agent of a company can do all of its parent company or any agency or individual members, so if it or they are authorized to do so. If this is the parent company or members will abide by his agent, so long as these actions in the actual or apparent scope of authority. But no relationship between the parties expressly agrees that the case will be difficult to establish a presumption. Try to do in Cape Town failed. In cases validity of the agency agreement and the parties have expressly agreed to such an agreement, they will be the corporate veil is lifted; the agent should be one of the main acts.
2.2.2. Fraud
The court has more time to prepare the piercing felt, or may have committed fraud behind the veil. Solomon, principle cannot be allowed by court to be used as an engine of fraud. The two classic cases of fraud exception are Guilford Motor Company v. Horn and Jones v. Lipman Limited.
In the first case, Mr. Horn, a former employee of Guilford Motor Company was bound by an employment contract in which it was mentioned that he could not solicit the company's customers. To defeat this, he set up a limited liability company in his wife's name and asked for the solicitation of company's customers. The company brought action against him. The Court of Appeal was of the opinion that he formed this company as a device a strategy to Mr. Yangaihuoen the effective implementation of the business form. The main purpose of the company was to indulge into a new committed fraud. Therefore, the appellate court held that it is just a fake to cover up their unlawful activities.
In the second case of Jones v. Lipman, they signed an agreement to sell their land, and then changed their mind in order to avoid a concrete manifestation of their property for their transfer to the company. In the second case of Jones v. Lipman, they signed an agreement to sell their land, and then changed their mind in order to avoid a concrete manifestation of their property for their transfer to the company. Russell Judge specifically mentioned that in Horn v. Guilford decision, there is a "mask (Mr. Lippman) in front of him trying to avoid the equity holders of the eye recognition" of specific performance, he also opposed the grant of Mr. Lipman and the company. In any case, the court allowed the company form, forms of abuse, and the abuse of the court when the ants will occur in the Penn steps and Jenny in her article lists three of frauds, which requires the company to concentrate on before the corporate veil can be lifted. These are as under:
A) What is the fraud-related motivation? Whether some standard...
It was after a lot of concern expressed in this matter and after a long legal and judicial consideration that the legislature passed the act. Legal Enforcement The U.S. Equal Employment Opportunity Commission is the authority that enforces the legislation on age discrimination namely the 'Age Discrimination in Employment Act of 1967 - ADEA'. This act is designed to protect individuals who are about forty or above years of age the
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