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Eley v Positive Life [1875] 1 Ex D 88

By Oxbridge Law TeamUpdated 04/01/2024 07:05

Judgement for the case Eley v Positive Life

Table Of Contents

  • Articles stated that Claimant 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, Claimant was not a member. However by time Claimant brought action, Claimant was a member.

Held

  • Claimant 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 Claimant had subsequently become a member meant he had right to enforce articles…

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Company Law Notes
805 total pages
1081 purchased

Company law notes fully updated for recent exams in the UK. These notes...