Home > Commercial Law

Commercial Law

Question: Company Law - Question One 68% ‘Since the Salomon decision, the courts have been called upon to apply the principles of separate legal personality in what might be called difficult situations. In some cases, they have upheld the principle and in others, they did not.’ Critically discuss the above statement with particular reference to developments since 1966.

Answer: The recognition of the legal personality of the company is clearly its most important feature in law (Schmitthoff, 1976). This recognition derives from the decision in Salomon v Salomon & Co Ltd[1]....


Read more of the answer →

Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 2793 | References: Yes | Date written: April, 2004 | Date submitted: February 17, 2009 | Coursework ID: 247

Question: Now that we have briefly examined what we mean by insider dealing, the question that will be asked is whether this practice should be criminalised or not?

Answer: Firstly, insider dealing has been said to be in existence from time immemorial. It was seen then as part of the trade as was reported in the independent that “my uncle and...


Read more of the answer →

Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 1653 | References: Yes | Date written: Not available | Date submitted: August 08, 2010 | Coursework ID: 615

Question: Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.

Answer: The doctrine of ultra vires has been fervently debated for many years since its conception in the 19th century, and has caused widespread confusion within the sphere of company law. It will...


Read more of the answer →

Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 3547 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 63

Question: CASE STUDY ANALYSIS: THE FORD PINTO CASE, A LEGAL & ETHICAL ANALYSIS

Answer: Introduction In the wake of the 1999-2000 product safety scandal concerning defective Bridgestone/Firestone tires mounted on Ford Explorers, the trade magazine Ward’s Auto World recalled an infamous 1978 editorial cartoon lampooning an...


Read more of the answer →

Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 4962 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 59

Question: Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.

Answer: The doctrine of ultra vires has been fervently debated for many years since its conception in the 19th century, and has caused widespread confusion within the sphere of company law. It will...


Read more of the answer →

Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 3827 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 58

Question: “Whenever the European Community agrees a new consumer Directive the government generally implements it in the form of Regulations, which then have to lie uncomfortably alongside pre-existing domestic legislation. The government is, by so doing, taking a short-sighted approach to a long-term problem. The government’s approach leads to complexity and inconsistency and those areas of law affected are in need of a complete overhaul”.

Critically analyse this statement with reference to: Unfair terms.

Answer: “Laws are generally not understood by three sorts of person, viz., by those that make them, by those that execute them, and by those that suffer if they break them”. In 1975...


Read more of the answer →

Details: - Mark: 66% | Course: Commercial Law | Year: 2nd/3rd | Words: 3065 | References: Yes | Date written: January, 2004 | Date submitted: October 10, 2008 | Coursework ID: 17

Question: ‘We do not accept as a matter of law that the court is entitled to lift the corporate veil as against a defendant company which is the member of a corporate group merely because the corporate structure has been used so as to ensure that the legal liability (if any) in respect of particular future activities of the group (and correspondingly the risk of enforcement of that liability) will fall on another member of the group rather than the defendant company. Whether or not this is desirable, the right to use a corporate structure in this manner is inherent in our corporate law’. Discuss.

Answer: Ever since the historic decision of Salomon v Salomon [1897] AC 22 the courts have struggled to give cognisance to existing economic realities within groups of companies whilst at the same time...


Read more of the answer →

Details: - Mark: 65% | Course: Commercial Law | Year: 2nd/3rd | Words: 1993 | References: Yes | Date written: April, 2006 | Date submitted: July 02, 2009 | Coursework ID: 500

Question: CASE STUDY: You are employed as company secretary by Bloxo Ltd. a company based in Leeds which manufactures shoes and clothing. The company's share capital is £1000.00 divided in £10.00 shares, 90 of which are owned by the founder of the company, Barry, and 10 of which by Tariq. Both are directors of the company.
Barry has asked you to advise him on the points set out below. A detailed explanation and application of the relevant legal principles and cases should be provided where appropriate.
(1) The company has a certificate of incorporation dated 1 January 2004. The Registrar of Companies did not, it seems, sign the certificate on that date, but on 28 December 2003. )n 29 December 2003 Barry bought some goods in the name of the company. the bill has still not been paid. Consider the question of liability.
(2) The company has a subsidiary Brian & Co. Ltd. this subsidiary has the same share holders as Bloxo Ltd. Barry is also the sole director of Brian & Co. Ltd. Brian & Co. Ltd. does not carry on any business, but owns the premises from which Bloxo Ltd. operates. The premises were recently compulsory purchased by the local council and Bloxo Ltd. is having to find new premises. Consider the question of whether Bloxo Ltd. may claim compensation for loss of business from the council. (The council are refusing to make a payment as Bloxo Ltd. does not own the premises - a condition for receipt of compensation is that you must own or lease the premises from which you operate).
(3) Advise Barry on any legal principles or rules which he must bear in mind if he were to convert Bloxo Ltd into a public company.
(4) Bloxo Ltd. owned £500.00 by a partnership called Todds Ltd. the money is owed in respect of goods supplied to that firm. the firm has 2 partners, Alan and Saima. Advise Barry on the legal status of a partnership in comparison with a Company, and who may be sued for the debt.

Answer: First of all one needed to establish whether Bloxo Ltd. existed on the 1st January 2004 as it is on the certificate of incorporation or the 28th December 2003 when the Registrar...


Read more of the answer →

Details: - Mark: 65% | Course: Commercial Law | Year: 2nd/3rd | Words: 3428 | References: Yes | Date written: November, 2005 | Date submitted: April 18, 2009 | Coursework ID: 467

Question: A minority shareholder has no right to relief under s.459 Companies Act 1985 where her only complaint is that her relationship with her fellow shareholders has irretrievably broken down. This absence of relief is neither fair, nor economically desirable. 65%

Discuss.

Answer: The Companies Act 1985 allows a minority shareholder to apply for court-sanctioned relief where her interests as a member of a company have been unfairly prejudiced. Its development has provided an alternative...


Read more of the answer →

Details: - Mark: 65% | Course: Commercial Law | Year: 2nd/3rd | Words: 2191 | References: Yes | Date written: February, 2003 | Date submitted: February 15, 2009 | Coursework ID: 205

Question: We do not need the changes to the law of rape that the Sexual Offences Bill
will introduce. While the enhanced protection for victims of rape is
desirable, undermining the very nature of the British criminal justice is too
high a price to pay.
Discuss with reference to mens rea.

Answer: Rape is an extremely serious crime that can have a devastating impact on its victims and as such it carries a maximum sentence of life imprisonment. In the case of a stranger...


Read more of the answer →

Details: - Mark: 65% | Course: Commercial Law | Year: 2nd/3rd | Words: 1373 | References: Yes | Date written: November, 2003 | Date submitted: February 14, 2009 | Coursework ID: 204


Page 2 of 5« 1 23 4 5 »

New user?

Registering is fast
and easy

Welcome back

Gain access

  1. Register with us
  2. Pay for instant access
  3. Or submit 3 pieces
    of your work for
    free access

Categories

Adobe Reader is required to access all coursework & essays. (pdf)
PayPal handles payments on our behalf. All major credit cards and currencies accepted.
A PayPal account is not nessesary.