Question: To what extent do you share the late Professor Kahn-Freund’s view of Salomon v Salomon & Co Ltd [1897] AC 22 (HL) as a “calamitous decision”?
Answer: To provide a critical answer to the above statement it is important to look at the concepts with regard to incorporation, firstly the history of the incorporated company and its case law, including the ‘veil of incorporation’ its exceptions and effects on the Law. It is hoped that in concluding this essay it will have been demonstrated that the foundation of Company Law is the ‘company’ and that without incorporation and the creation of a separate corporate personality, there couldn’t be the modern concept of a company. Accordingly and without wanting to pre-empt a conclusion it would seem that by agreeing with Professor Kahn-Freund one would be agreeing that conventional company law and the capitalistic doctrine of the modern era are in error.......(short extract)
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Details: - Mark: 71% | Course: Company Law | Year: 2nd/3rd | Words: 2998 | References: Yes | Date written: May, 2007 | Date submitted: April 05, 2011 | Coursework ID: 666
