"Ultra Vires" Essays and Research Papers

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Ultra Vires

DOCTRINE OF ULTRA VIRES TABLE OF CONTENTS i. Introduction ii. Origin Of Doctrine Of Ultra Vires iii. Development of The Doctrine iv. Establishment Of The Doctrine v. Ascertainment Of The Ultra Vires vi. Evasion By Businessmen And Principle Developed By The Courts To Prevent Such Evasion vii. Independent Objects Clause viii. Effect Of Ultra ViresTransactions Ø Ultra vires contracts Ø Ultra vires borrowings Ø Ultra vires torts or crimes ix. Exceptions To The Doctrine Of Ultra Vires x. Present...

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Business Law Ultra Vires

British Institute of International and Comparative Law Is the Doctrine of Ultra Vires Dead? Author(s): R. Baxt Source: The International and Comparative Law Quarterly, Vol. 20, No. 2 (Apr., 1971), pp. 301315 Published by: Cambridge University Press on behalf of the British Institute of International and Comparative Law Stable URL: http://www.jstor.org/stable/758032 . Accessed: 26/04/2013 02:48 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available...

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Doctrine of Ultra Vires-Effects and Exceptions

DOCTRINE OF ULTRA VIRES-EFFECTS AND EXCEPTIONS CONCEPT The object clause of the Memorandum of the company contains the object for which the company is formed. An act of the company must not be beyond the objects clause, otherwise it will be ultra vires and, therefore, void and cannot be ratified 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...

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Doctrine of Ultra Vires in Public Law

the citizens from the abuse of power by Public authorities by exercising them arbitrarily and unfairly and on the other hand it has to compel them to exercise those powers, where they should do so but fail to act. DOCTRINE OF ULTRA VIRES: The Doctrine of Ultra vires is produced by the Constitutional principles of the Rule of Law, the Sovereignty of Parliament and the Independence of the Judiciary. This Doctrine can be considered as the central principle in the whole of Administrative Law. In...

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Judicial Review: Ultra Vires Concept.

PUBLIC ADMINISTRATION (PSPA). PA 707: ADMINISTRATIVE AND LABOUR LAWS PRESENTATION TOPIC: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. SUB TOPIC: ULTRA VIRES DOCTRINE. SUPERVISOR: PROF.MOHAMMED A. BAKARI STUDENT NAME: SWALEHE, Amani (MPA) This presentation covers the “judicial review of administrative action: The Ultra Vires Doctrine” Judicial Review is essentially a high court procedure by which an appellant request or ask the court to review the legality of the decision of...

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Company Contracts and Doctrine of Ultra Vires, a Comparison of Uk and Pakistani Company Lawa

The Term Ultra Vires 1. Derivation: Ultra vires is a Latin phrase. It is derived from two distinct words, i.e., ‘ultra’ and ‘vires’, which means ‘beyond’ and ‘power’ respectively[1]. 2. Meaning: Ultra vires means unauthorised; beyond the scope of power allowed or granted by a corporate charter or by law[2]. It means an act which is beyond the powers[3]. 3. Definition: “The term ultra vires simply means beyond powers or lack of power. An act is said to be ultra vires, when it is...

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Australian Corporations Law

contained an objects clause. ‘[T]he company had to act intra vires, that is, within its powers. Any action a company took beyond it objects was ultra vires, beyond its power and therefore void.’ People dealing with a company had to be sure a company was acting intra vires, within its powers, or it would not be possible to enforce obligations against the company. An example being the case Ashbury Railway Carriage & Iron Co Ltd v Ritchie. Ultra vires has been substantially abolished by section 124 of the...

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Discretionary Powers in Admin Law

misinterpretation as to the level or nature of their discretion. It has been established that an incorrect use of discretion will be viewed in one of two ways. First, where the body exercising the power exceeds the limits of its discretion, i.e. it acts ultra vires and secondly, the body abuses its discretion e.g. the body appears to be acting mala fides. Ultimately, both instances will give grounds for a challenge to the decision by way of judicial review. Where the use of a discretionary power has been challenged...

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Company Law Essay - Cavendish University Law Lecturers Notes

there from determine what the company can do. Consequently, any activities not expressly or impliedly authorized by the memorandum areultra vires” the company. The ultra vires doctrine restricts an incorporated company under the Companies Act to the purse only the objects outlined in its registered Memorandum of Association. The doctrine of ultra vires is illustrated in the case of ASHBURY RAILWAY CARRIAGE CO. LTD VS. RICH (1875). A company which was not authorized by its memorandum of association...

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Bus C110 Legal Environment of Business

persons? Should any of these rights be curtailed?  Post your response. CHAP 23 Assignment:  Powers of a Corporation - What is an ultra vires act?  Research on the internet – the case: Cross v. The Midtown Club – and explain how this case affects your understanding of the ultra vires doctrine.  Post your response. The ultra vires doctrine is certain act that lies beyond the authority or power of the corporation to perform. These acts are unable to be legally defended since they...

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