Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Law for business - Essay Example

Comments (0) Cite this document
This action may be done by an ordinary resolution in a general meeting of the members. A special notice is required for this resolution if a member intends to file the same…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95% of users find it useful
Law for business
Read TextPreview

Extract of sample "Law for business"

Download file to see previous pages If the representations are received late, the director may instead ask that the said representations be read during the meeting. He may also be allowed to speak in the meeting on his protest against the intention to remove him as director. These are all provided for in Sections 168 (entitled Resolution to remove director) and 169 (entitled Director’s right to protest against removal) of the Companies Act 2006 (Companies Act 2006).
Going to Cretins Ltd. (or Cretins for short), the plan of Joan and Mike to remove Phillip out as a director of the company will depend on its membership structure. Whatever it is, the process will have to be in accordance with the afore-cited Sections 168 and 169 of the Companies Act 2006. If the only three directors, Phillip, Joan and Mike, are also the only members or shareholders of Cretins and they own the same number of shares, the process will be very simple. Since it will be a concerted effort of Joan and Mike, all they have to do is first requisition for a general meeting of the members where they will submit a resolution to remove Phillip. Pursuant to the procedural due process mechanism set out in Section 169, Phillip has to be served with a notice of the intended resolution to remove him. Phillip is entitled to submit written representations to protest against his removal. During the said meeting, Phillip is likewise entitled to speak out. At any rate, all these remedies available to Phillip will become moot and academic because Joan and Mike will ultimately vote for his removal as is their plan. The requirement of the law is an ordinary resolution which means that the vote of the members needed for the subject removal is a simple majority (THE FREE LIBRARY BY FARLEX).
As stated, the circumstances in the preceding paragraph are on the assumption that Joan, Mike and Phillip have the same number of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Law for business Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Law for business Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from
(Law for Business Essay Example | Topics and Well Written Essays - 1000 Words)
Law for Business Essay Example | Topics and Well Written Essays - 1000 Words.
“Law for Business Essay Example | Topics and Well Written Essays - 1000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document



...economic loss in negligence?  Answer: The concept of floodgate is that the court will only make the defendant responsible and liable when it is appropriate and reasonable to do so in the public interest (Corporate and Business Law, 2007/08). Additionally, in order to satisfy the basic needs of this approach, some basic and fundamental conditions must be satisfied before going to use this approach for the purpose of claiming damages for pure economic loss in negligence. First, there must be and should be foreseeability of the damage; second, a sufficient ‘proximate’ relationship must be established between the related parties; third, it must be reasonable and appropriate to impose any duty. The pure...
5 Pages(1250 words)Essay

Law for business

..., offeror withdraws from the offer, which was made to the offeree. Furthermore, revocation can be made at any before acceptance (Routledge v Grant (1828)(Corporate and business law, 2007/08). Additionally, offeree must be communicated about the revocation of the offer in order to make an effective revocation. For that purpose, offeror must make sure that the offeree is informed about the revocation of the offer. Otherwise, it might still remain open to the offeree to accept the offer. This is also applicable to when the offeror uses the mode of post to withdraw the offer, as the postal rule does not apply in the revocations of the offer (Byrne V Tienhoven (1890) (Corporate and business...
8 Pages(2000 words)Essay


...? LAW FOR BUSINESS Institute Q The issue in respect of this question requires an analysis the difference between consequential economic loss and pure economic loss in the context of negligence and how the floodgates argument tends to restrain claims for damages for pure economic loss. In respect of personal injury and property damage there are economic results which tend to accrue, as can be seen in the instance of a person who suffers an injury may in addition be unable to earn for the time the injury remains. In respect of property damage the courts take into account the market value of property when determining compensation for any loss. Thus the law on tort has allowed and provided...
5 Pages(1250 words)Essay


...? Law for Business Question One: Consequential and Pure Economic Loss in Negligence A duty of care, in cases involving the tort of negligence, requires the presence of certain circumstances. This establishes that the defendant had owed a duty of care that precluded him from causing economic loss to the claimant. However, there has been a marked reluctance to recognise this duty of care. Such lack of enthusiasm derives from the Floodgates contention (Speaight, 2009, p. 23). This argument states that there would be a tremendous widening in the potential scale of liability in tort. In general, compensation for economic loss resulting from damage to property can be recovered. As such, it is difficult to...
5 Pages(1250 words)Essay

Law for Business

...they had agreed to proceed with the transactions (Friedman, B. K. (1993, December 1). Later the same day Di communicated to Whizzo, Di receives an e-mail advertisement from the company Easy Widget, which states; “We can offer “state-of-the-art” production software for small businesses at a price guaranteed not to exceed ?2,500”. There is some form of misinformation as Di later realizes that the actual costs of the installation would come to 4000 pounds, Di had been into the contract already but withdraws according to the principles of revocation before he goes back to telephone Whizzo who he considered affordable. The law stipulates that an offeree may revoke an acceptance before it has been conducted...
7 Pages(1750 words)Essay

Law for Business Case

...Business Law Contract of sale. An agreement of sale is a consensual contract The meaning of that covenant ification is that a contract of sale is perfected upon the consent of the parties.2 It is to be understood therefore that when there is already a meeting of the minds between the buyer and the seller, sale as a contract is perfected at once.3 To illustrate, A tells B that the former is offering to sell his Austin car to the latter for ten thousand pounds. B says yes. At that point, the sale between A and B has been perfected because the parties by then have intended or agreed to have the goods transferred to the buyer.4 B becomes the owner of the Austin car and he is now under obligation to pay to A...
9 Pages(2250 words)Essay

Law for Business

...or an independent contractor the facts as well as the law have to be considered. However if there are written documents on whose construction it can be established then it is purely a question of law. (Davies v. Presbyterian Church of Wales)45 The distinguishing factor has been said to be contract of service or of employment which clearly point out to an employer-employee relationship allowing vicarious liability for torts of others, however if there is a contract for services then no employer-employee relationship will be found and thus no vicarious liability.6 The traditional aspect for determination of employee from independent contractor was the control test which took into account the degree and...
6 Pages(1500 words)Case Study

Law for business report

...In the case of the change from Toys4U to Toys4Everyone, one must first look to the companys articles of association to define the internal procedures by which the name change will come about. Every company will have different articles of association (Companies Act 2006 2(18)(1)),and so the question becomes – does the companys articles of association state that there must be unanimous agreement within the Board of Directors for issues that the Board of Directors decide, or must it be a simple majority? If the articles of association state that only a simple majority is needed, then this clears one legal hurdle that Don and Francesca must face. The second question deals with the name itself. Is the name Toys4Everyone prohibited by...
4 Pages(1000 words)Essay

Law for Business

...that outlined in the Companies Act 2006 must be specifically alleged and included in a notification to be sent to the Registrar (Judge 2008 183). References: Judge, S. (2008). Q & A: Company Law 2008 and 2009. New York: Oxford University Press. Lundmark, T. & Carroll, W. (2001). Business Associations in the Common Law World, Volume 3, Münster: LIT Verlag Münster. Model Articles for Private Companies. Sjåfjell, B. (2009). Towards a Sustainable European Company Law: A Normative Analysis of the Objectives of EU Law, With the Takeover Directive As a Test Case, The Netherlands: Kluwer Law International. The Companies Act 2006. The...
4 Pages(1000 words)Essay

Law for business

...Law for business Product: Computers Limitation of Liability Clause Neither partys liability to the other arising out of or related to this agreement will exceed the total cost of the product. Liabilities limited by the preceding sentence include, without limitations, or liability for negligence. 2. In no event will either party be liable to the other for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or otherwise, even if advised of the possibility of such damages and even if the damages were foreseeable. The customer bought an action against the manufacturer on the basis that there had been a fault in the hardware... of the...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Law for business for FREE!

Contact Us