Company Law by Janet Dine, Marios Koutsias

By Janet Dine, Marios Koutsias

Company Law is a whole and available advisor to the felony framework during which businesses function. Logically dependent and with a readable type, the textual content contains important summaries for every bankruptcy, besides case notes. This re-creation has been completely revised and up to date and is gifted with new livery and new two-colour textual content.

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In Salomon’s cases, both the Court of Appeal and the judge at the first instance thought that they had before them just such a case of fraud. Since there was no evidence of dishonest intent in that case, it seems that these courts were using ‘fraud’ in a very wide sense. Indeed, they seem to have regarded the formation of the company so that the business could henceforth be carried on with limited liability as sufficient evidence of ‘fraud’. To take such a wide view would defeat the whole notion of the separate existence of the company and make it impossible for small private companies to function in any way differently from partnerships.

There were, however, no personal dealings between the managing director and the plaintiff. Fraud The ability to hide behind the corporate veil could be a powerful weapon in the hands of those with fraudulent tendencies. The courts have therefore always reserved the right to ignore a company which is formed or used merely to perpetrate a dishonest scheme. In Salomon’s cases, both the Court of Appeal and the judge at the first instance thought that they had before them just such a case of fraud. Since there was no evidence of dishonest intent in that case, it seems that these courts were using ‘fraud’ in a very wide sense.

So, the three basic elements of passing off are reputation, misrepresentation and damage to goodwill. In Asprey & Garrard Ltd v WRA (Guns) Ltd & Anor [2001] EWCA Civ 1499, the issue was the defence arising from the use of one’s own name in business. Although Mr Asprey was using his own name, that name could be associated with a different retail shop (a famous jewellers), causing confusion. The Court of Appeal stated that in this case the use of the name caused not only confusion but deception as well, as the name had been used as a trade mark.

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