piersfib
A Utilitarian Approach to Company Law
As I was studying for my jurisprudence class, I came across a philosopher whose ideas appear to be directly transferable to an issue in company law: that of trying to discern what it means to be “in the best interests of the corporation”. Jeremy Bentham measured right and wrong as “the greatest happiness of the […]
If a corporation is a person, then can it break its collarbone?
Something I was thinking about while I was doing the assignment: how does the rule from Stilk v Myrick play into directors transferring their powers to officers? Take, for example, the scenario from assignment #2. A sole director transferring his powers to a sole officer. Officers derive their powers from directors–essentially, any powers they possess […]
Discussion Activity 7.3
The question here is to whom did Beatty owe a duty? I agree with the Privy Council’s decision. In my mind, the question comes down to the issue of which hat was Beatty wearing at each step of the process. Beatty was both a director and a shareholder. In his capacity as a director, he […]
7.2: Am I a real lawyer now?
Since I started law school last year, every so often I have a moment where I realize that the subjects we talk about and the concepts we learn really do have an effect on how I see the world. Looking at this question, I had one of those moments. If you had told me just […]
Not all persons are individuals
Last class we discussed whether a corporation could serve on a board of directors, which culminated in us learning that in fact they cannot—rather, that privilege is reserved for real flesh and blood human beings. However, based purely on a reading of the two statutes of which we have grown so fond over these past […]
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