Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our privacy policy.

Technical settings

Someone recently bought our

students are currently browsing our notes.

X

Eley v Positive Life

[1875] 1 Ex D 88

Case summary last updated at 20/01/2020 19:56 by the Oxbridge Notes in-house law team.

Judgement for the case Eley v Positive Life

Articles stated that C was to be the solicitor of Positive Life. However he was not appointed so sued for breach of the articles. At time articles were created, C was not a member. However by time C brought action, C was a member. Held:
 
·        C could not enforce the articles.
·        This because outsiders to company cannot enforce rights purportedly granted to them under articles.
·        Articles only have legal effect as between members.
·        NB court did not look at all at whether fact that C had subsequently become a member meant he had right to enforce articles…

Eley v Positive Life crops up in following areas of law