Académique Documents
Professionnel Documents
Culture Documents
Company Law
T1-Legal Entity of A
Company
LMS
Introduction
LMS
Incorporation
LMS
Effect of Incorporation
LMS
Cont
LMS
Veil of Incorporation
LMS
Judicial Lifting
LMS
Evasion of Obligation
(Gilford Motor v Horne)- Mr. Horne was an exemployee of The Gilford Motor Co and his
employment contract provided that he could
not solicit the customers of the company. In
order to defeat this he incorporated a limited
company in his wife's name and solicited the
customers of the company. The company
brought an action against him. The COA
regarded it as a mere sham to cloak his
wrongdoings
8
LMS
Fraud
LMS
Agency
(Smith, Stone & Knight v Birmingham Co)SSK owned some land, and a subsidiary
company operated on this land. BC issued a
compulsory purchase order on this land. Any
company which owned the land would be
paid for it, and would compensate any owner
for the business they ran on the land. Since
the subsidiary company did not own the
land, BC claimed they were entitled to no
compensation. The courts held that the
subsidiary company was an agent and BC
must pay compensation
10
LMS
Group Enterprise
LMS
Statutory Lifting
1.
2.