Company Law Essay: abusing their powers, and are depriving the minority of their rights Essay

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If the majority are abusing their powers, and are depriving the minority of their rights, there the minority are entitled to come before this court to maintain their rights’. (MacDougall v Gardiner) Critically analyse this statement. Additional information: Shareholders Rights, and the relation between majority of shareholders and minorities. The analysis focused on the business justification for majority power, (Majority Rule explained in Foss v. Horbottle case) and whether the majority can breach its duty (how). The “reasonable expectations” analysis, adopting the perspective of the minority shareholders and the remedies provided. (Case Law) Cases related to the topic : Main cases – Foss v. Horbottle, MacDougall v. Gardiner, Edwards v. Halliwell, Pender v. Lushington,, Prudential Assurance Co LTD v. Newman Industries LTD (No 2), Cook v. Deeks, Clemens v. Clemens Bros LTD, Statutory Protection of shareholders: – Companies Act 2006 – Oppression and s.216 C.A, Unfairly prejudicial Conduct-s.994 Petition by a company member, S. 460 CA 1985 – The Secretary State involvement/petition, Insolvency Act 1986. Helpful sources: http://www.slideshare.net/pnjm/c-law-lecture-7-rights-of-minority-shareholders-student-edition http://www.allbusiness.com/legal/laws/1058708-1.html http://www.lawteacher.net/company-law/essays/majority-rule-shareholders.php http://blog.sumitcbrty.com/2009/02/rule-in-foss-vs-harbottle.html Steps to Critically Analyse: 1)The basic premise – If the majority are abusing their powers, and are depriving the minority of their rights, there the minority are entitled to come before this court to maintain their rights’. Explain that shareholders have rights, specially the majority as described in Majority Rules (Foss vs. Harbottle case). However, the minority are also granted some protections. Provide some evidences in a form of exceptions to the general rule (Majority Rule) claimed. 2) Are general claims applicable to all situations?. It is wrong to use certain instance as general claim. Look at the similarities and difference between cases supporting general rules, and those providing exceptions (Case Law) and whether it needs specific conditions to be present. Present the Companies Act 2006 remedies for minorities. 3) Conclusion based on the premise and it’s exceptions, plus the arguments whether it’s applicable in all situations . It’s alright to have to claims, but the main conclusion should be one.

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