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A Synopsis Of The Corporate Veil Principle Essay

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Chapter 2: A synopsis of the corporate veil principle in Salomon v Salomon, and its development. 2.1 Introduction It is necessary to detail the history and development of the corporate veil principle to better understand how it is to be applied in matrimonial matters. This chapter shall focus on the corporate veil principle from the case of Salomon v. Salomon to the varied and frequently diluted circumstances in which it has been put to use, in regards to family law cases. Focus shall be paid to the theories put forward for instituting the piercing/lifting of the corporate veil, the application of the principle, and the pioneering cases at each stage of its development together with its formulation and application under current law. 2.2 The Corporate Veil: Before and after Salomon. First and foremost, it is critical in the pursuit of a full understanding of the principle of the corporate veil for the reader to appreciate that no strict and clearly defined rule for its application exists. This is evidenced from the manner in which it is employed, in our courts and abroad. Smith and Keenan in recognition of this state of affairs note that it is difficult to presume a specific formula exists. They further hold that the piercing of the veil can be viewed as a “tactic used by the judiciary in a flexible way to counter fraud, sharp practice, oppression and illegality.” The theory was cemented in law in the case of the case of

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