Q2
Foss v. Harbottle
In September 1835, Victoria Park Company was set up to establish a residential area to the east of Wilmslow Road, an “estate” of substantial houses in spacious grounds. The prosperous business and professional families could live there. Richard Foss and Edward Starkie were two minority shareholders, and claimed that the property of the company had been misapplied and various mortgages were given improperly over the company’s property. During the general meeting, they said that no action should be taken against them. At last, the Court dismissed and rejected the two shareholders’ claim, and held that a breach of duty by the directors of the company was a wrong done to the company for which it alone could sue. The first reason is because of the ‘proper plaintiff rule’ is that a wrong done to the company may be vindicated by the company alone where the corporation has separate legal entity. The second reason is the ‘majority rule principle’, it states that if the alleged wrong can be confirmed or ratified by a simple majority of members in a general meeting, then the court will not interfere, cadit
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However, as an ultra vires act is not void vis-à-vis a third party [Section 25(1) CA 1965], the question of recovery of the company’s property from a party to an ultra vires transaction would not arise. For all practical means and purposes, the ultra vires exception to the rule in Foss v Harbottle is effectively defunct. Any one of the member may ask a court to restrain it from doing something that is ultra vires, in the sense of being beyond the company’s restricted object, Simpson v Westminster Palace Hotel Co (1860). Such a claim is permitted as an exception to the proper claimant aspect of the internal management principle. (Minority Shareholders and Derivative Actions,
In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people
The highly controversial case of Gambotto v WCP Ltd not only reduced the ability of companies to acquire shares compulsorily through an amendment to their constitutions, but also stimulated debate around the topic of share acquisition itself . The High Court decision in Gambotto was recognized immediately to be extremely important in the corporate world, with one headline stating it had “radically altered the balance of power within corporate Australia” . Despite the significance of the ruling, responses to Gambotto have generally been negative. Courts have almost uniformly chosen not to extend the principles in Gambotto to situations in other cases, with the result that the principles have stayed narrowly confined to the
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse
Police officers including approximately six armed members of the “Special Emergency Response Team” forcibly entered the appellants’ (Bulsey & Anor) house. Bulsey was taken from his bed, placed on the floor, handcuffed and dragged out to the street and later charged with riotous assembly and destruction of a building. In subsequent committal proceedings, the respondent conceded it did not have a case against the first appellant. He was discharged. Bulsey (the first appellant) sued the respondent for damages for trespass to the person (assault, battery and false imprisonment). Anor (the second appellant) sued the respondent for damages for assault and false imprisonment. The trial judge dismissed the appellants’ claims with costs, with judgments in favour of the respondent.
The event that essentially precipitated the criminal charges against Ann Mitchell and Vicki Galle was when they reported the unsafe medical practices of Dr. Ronaldo Arafiles. They stood up for many of Dr. Rolando Arafiles patients and their rights. They felt as if Dr. Arafiles was not providing standard care for his patients. After they filed an anonymous complaint to the Texas Medical Board (TMB), Winkler County Sherrif Robert Roberts requested copies of the confidential complaints and notified Dr. Arafiles. Following this action, the sheriff and Dr. Arafiles a attempted to retaliate against the two nurses (Sack, K). After reviewing the outcome of the case, the nurses were both impacted negatively. They will probably never be hired into the
We discussed the recent mob uprising and the state of unrest in the community. It was the judgment of all present that the life of the defendant, even if the wrong man, could not be saved; that an appeal would so inflame the public that the jail would be attacked and perhaps other prisoners executed by violence. In the opinion of all of us a case was presented where the defendant, now that he had been convicted by a jury, must die by the judgment of the law, or else, if his case were appealed, he would die by the act of the uprising of the people (Pfeifer, “United”).
Under ARIZ. REV. STAT. ANN. §§ 13-3401 and 13-3405, did Jess Pepper knowingly possess marijuana for sale when officers found seventy pounds of marijuana in the lining of the back seat of her Prius?
The Supreme Court is not infallible. At the same time, the Supreme Court can do no wrong. Here is the social paradox that is the Supreme Court. They are supposed to declare an act constitutional or not, but that is fundamentally flawed based on the cultural atmosphere at the time. Each justice is a victim of society, just as every person in the United States and the world is, therefore they are subject to the whims of their culture and how they grew up, leading to some less than optimal results. The Supreme Court is intended to work as a moral compass for the nation, deciding what is good and bad, but society can be fundamentally flawed, as illustrated by many cases brought to the Supreme Court. The case of Dred Scott v. Sandford is a clear
On July 17, 2014, 43 years old black man named Eric Garner was selling loose cigarettes illegally on Staten Island. As the polices approach Erica to make their arrest, he raised both hands in the air and requested for both officers to not touch him. Meanwhile, the second officer came behind Eric and put him in a choke hold in order to restrain the 350 pounds man down to the ground. After he was restrained to the ground both officers roll him over onto his stomach. Within seconds after being roll over to his stomach Erica Garner repeatedly shouted to the police officer, "I can't breathe!", while he was laying on his stomach face down to the sidewalk pavement. Suddenly, the 350-pound black male died of compression of the neck from the officer's
FACTS: In Lexington, Kentucky officers were suspicious of a subject who was suspected to be a drug dealer. The officer initiated an observance of the subject’s movements and followed the subject to an apartment where the odor of marijuana was admitting. The officers made their presence known and immediately heard sounds that the believed were indications that the subject was destroying possible evidence. The officers knocked and explained they were making entry into the room. The officers forcefully enter the apartment and observed the primary subject, additional subjects, and drugs including paraphernalia in the open. The subject was brought to The Circuit Court where the court denied the motion of the defense team to remove the evidence from the case based on the entry of the officers being unjust due to not having a proper search warrant. The defense team entered a guilty plea to obtain the authorization to appeal The Circuit Courts ruling. The Kentucky Court of Appeals affirmed this request which prompted The Supreme Court of Kentucky to reverse the decision. This action was based on the courts assumption that additional exigent circumstances did exist however, it did not proved the officers the proper authorization to conduct a
The Commonwealth of Massachusetts has charged Nathan Moss (Mr. Moss) with 1 count of violating a no contact order that Claire Cohen (Ms. Cohen) put out against him. Nathan Moss and Claire Cohen are both seniors at Plymouth South High School and dated for about 10 months prior to Ms. Cohen placing a protective order against Mr. Moss.
What type of cases you heard and how are District Court cases different from Superior Court cases?
Appellant contends that the district court erred in convicting her under the malicious-punishment statue as well as in ruling that the statute does not require proof of bodily harm. Accordingly, if proof of bodily harm is not required for conviction of malicious punishment, the statute is unconstitutionally vague.
In 2012, a marine project manager called Bellingham Marine Inc. (“Bellingham”) hired Major Engineering Marine Inc. (“Major”) for a project to build a travel lift pier at a harbor. Bellingham then hired a civil engineering firm, Moffatt & Nichol
The protections under the Corporations Act suffice to guard the minority from the majority’s unfair wrongdoing. In fact, the Australian corporate law provides significant protections on shareholders. To support the argument, this essay discusses Foss v Harbottle rule and derivative action. It also elaborates exceptions to the rule, especially ‘fraud on the minority’ and statutory protections available for the minority protection under the Corporations Act. These are analysed in views of organic theory, economic theory and aggregate theory. It concludes with that specific protections for the minority are unnecessary because these may lose the balance of a corporation and the minority and majority members.