• Ashbury
    Ashbury Railway Carriage and Iron Co Ltd v Riche [(1875) LR 7 HL 653] Aradhya Choubey 2011/B.A. LL.B./014 ------------------------------------------------- facts The Ashbury Railway Carriage and Iron is a Company incorporated under Companies Act, 1862 and its objects clause stated that the company...
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  • Doctrine of Ultra Vires-Effects and Exceptions
    even if all the members wish to ratify it. This is called the doctrine of ultra vires, which has been firmly established in the case of Ashtray Railway Carriage and Iron Company Ltd v. Riche. Thus the expression ultra vires means an act beyond the powers. Here the expression ultra vires is used to indicate...
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  • Railway
    The Directors, &C., of the Ashbury Railway Carriage and Iron Company (Limited) v. Hector Riche (1874-75) L.R. 7 H.L. 653 Divisional Court HL (UK-Irl) The Lord Chancellor (Lord Cairns), Lord Chelmsford, Lord Hatherley, Lord O'Hagan and Lord Selborne. 1875 June 1, 4, 7 Companies...
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  • Company Law
    of Ashbury’s case. In the case of Ashbury Railway Carriage and Iron Co v Riche (1857) LR7 HL 653 the fact is the company bought a concession for the construction of a railway system in Belgium, and entered into an agreement to finance Messrs Riche to construct a railway line. Messrs Riche commenced the...
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  • Ultra Vires (Development and Abolition)
    merely for restricting the power of Parliamentary Corporation citing Eastern Counties Railways Company v Hawkes 1859. Later on, in the first case of ultra vires of a Registered Corporation (Riche v Ashbury Railway Carriage Company 1875), Lord Selbourne confirmed the application of "ultra vires" to Registered...
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  • Legal Aspects of Business
    duties and liabilities,Accounts and Audit Winding up of companies. Cases: Salomon v Salomon Ltd Macaura v Northern assurance Co. Ltd. The ashbury Railway carriage & Iron Co. v Riche Royal British Bank v Turquant A. V Mohan rao and another v M Kishan Rao, 2002 AIR(SC)2653 Module II: Contract Act...
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  • Company Law Exam with Answers
    an ultra vires transaction. (5mks) - The doctrine of ultra vires is a legal rule that was articulated by the house of Lords in the case of Ashbury Railway Carriage and Iron Co. Ltd. v Riche to the effect that, where a contract made by a company is beyond the objects of the company as written in the company’s...
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  • Ultra Vires Doctrine
    even if all the members wish to ratify it. This is called the doctrine of ultra vires, which has been firmly established in the case of Ashtray Railway Carriage and Iron Company Ltd v. Riche. The expression “ultra vires” consists of two words: ‘ultra’ and ‘vires’. ‘Ultra’ means beyond and ‘Vires’ means...
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  • Famous Law Cases
    pollution. Ashbury Railway Carriage and Iron Co Ltd v Riche From Wikipedia, the free encyclopedia Ashbury Railway Carriage and Iron Co. Ltd v Riche | Court | House of Lords | Citation(s) | (1875) LR 7 HL 653 | Case history | Prior action(s) | (1875) LR 9 Ex 224 | Ashbury Railway Carriage...
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  • Enron Case
    However,the doctrine was not paid due attention up to 1855.The rule of ultra vires was first laid down by the House of Lords in Eastern Counties Railway v. Hawkes (1855) 5HL331 where the Law Lords pointed “.it must therefore be now considered as well as settled doctrine that a company…. Cannot devote...
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  • Company Law
    regulation then, the company has ultra vires. Case: ASHBURY RAILWAY CARRIAGE AND IRON CO. LTD V RICHE 1875 The company had an object clause which stated that its objects were to make and sell or lend or hire railway carriages and wagons and all kinds of railways plant, fittings, machinery and rolling stock...
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  • I Want Good Paper
    Companies Act. The rules laid down in the articles must always be read subject to the rules in the memorandum. Relationship: Lord Cairns in Ashbury Railway carriage & iron Co. v Riche described the relationship between the memorandum and the articles in this language : “The memorandum and the area...
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  • Business Law Ultra Vires
    Doctrine of Ultra Vires Dead? .27 305 by injunction. .. a right to resist it, and a court of equity will interpose on his behalf The Ashbury Railway Carriage Company Case The decision in Simpson v. Westminster Palace Company was given before the Companies Act of 1862 could be tested. It was not...
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  • Law Essays
    stated in the object clause, even if every member of the company assented to it: Ashbury Railway Carriage Co v. Riche (1875). In Ashbury the House of Lords was unwilling to say that buying a concession to operate a railway was reasonably incidental to the main purpose of the company. ▪ Powers not...
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  • Assigment Law
    and void. This can be related to a case of Ashbury and Railway Carriage & Iron Co. v Riche. In this case, the objective of the company is to make, sell, lend and hire railway carriage. However the director had suddenly interested in construction of railway. It was held that the action is void and also...
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  • With Reference to Company Legislation and Case Law, Critically Assess the View That in the 21st Century the Cost of Corporate Limited Liability Is Greater Openness, Transparency, Accountability and Regulation.
    object set in object clause is said to be ultra vires. At common law, an ultra vires transaction is void and unenforceable as was seen in Ashbury Railway Carriage & Iron Co. v. Riche (1875). The use of the ultra vires rule often caused the hardship for innocent 3rd parties acting bona fide, who were...
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  • Doctrine of Ultra Vires in Public Law
    Although this sounds simple, the Courts have developed this principle by extending and refining it over a long period of time. In the case of Ashbury Railway Carriage and Iron Co. Ltd. V. Hector Riche (1875) of the Law Reports 653, the House of Lords considered the validity of a contract entered into by...
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  • Memorandum Of Association
    stipulating the courts should not read long lists of objects as subordinate to one another was valid. Ashbury Railway Carriage & Iron Co Ltd v Riche (1875) LR 7 HL 653 Attorney General v Great Eastern Railway Co (1880) 5 App Cas 473, companies have the power to do things reasonably incidental to their objects...
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  • The Doctine of Ultra Vires in Irish Company Law
    “Company Law for the 21st Century”, Report on General Scheme of Companies Consolidation and Reform Bill, Companies Law Reform Group,2007. [3] Ashbury Railway Carriage and Iron Co. v. Riche (1875) L.R. 7 H.L. 653 [4] Companies Act 1963 [5] Companies(Memorandum of Association) Act 1890 [6] Companies Act...
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  • Business Lae
    void. The doctrine of ultra vires in company law may be traced to the lading on Ashbury Railway Carriage and Iron Co Ltd v. Riche(1875) LR 7 HL 653. “Riche had obtained a concession from the Belgian Government to make a railway from Antwerp to Tournay. The company repudiated the contract as being ultra vires...
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