Tuesday, April 30, 2019

Discuss the rationale and impact of the decision on company law Assignment

Discuss the rationale and impact of the decision on company law - Assignment simulationThe conflict between the personal opinion of judges and the legal provisions of the law has been in globe for years, and this conflict has resulted in the determination of slicks in a manner that does not reflect the legal provisions. However, infra the case Salomon v Salomon & Co Ltd 1897 AC 22, the supremacy of the law as the principle that guides courts in ascertain cases was cemented. This is because in both the High lawcourt and the courts of appeal, the judges held that the merit of the case Broderip v. Salomon 1985 2 simply warranted the affection of Salomon Ltd as an alias, thus allowing for the treatment of Salomon Ltd and Mr. Aron Salomon as one and the same thing (Rickett, 199816). Therefore, the High Court and the Court of Appeal ruled that Mr. Aron Salomon was responsible for paying the debts incurred by Salomon Ltd.However, the House of Lords unanimously overturned the ruling, by holding that the opinions and personal perspectives of the judges were marcher to the provisions of the law, and the provisions of the law under Companies Act (1862) had provided that a company could be incorporated for as long as it had seven members, regardless of whether the members contributed to the company in any substantial way or whether they were just mere individuals enlisted as part of the company self-control (Sealy, 201036). Thus, the relevance of the case Salomon v Salomon & Co Ltd 1897 AC 22 in company law is that it cemented the linear perspective of law as the principle reference for which the courts should base their judgments, while placing the opinion and fair judgment of the juries subordinate to the principle of the law. This is considering the fact that judge Vaughan Williams J. of the High Court had applied his opinion in ruling the case Broderip v. Salomon 1985 2, whereby he opined that as opposed to the application of the legal provisions of Companies Act 1862 in the case, it was a microchip more

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