Business Law Flashcards
Separate legal identity (owned by shareholders, managed by directors)
Salomon V A Salomon Co Ltd (1897)
no divided payable until it is declared
bond v barrow haemattie steel co (1902)
fiduciary duties, duty to company as a whole over interest of employees
parke v daily news (1961)
directors held personally responsible for company debts due to failure to keep proper books of accounts
conroy v cornell 2003
purpose of audit is to protect the company, watch dog not bloodhound
kingston cotton mill co (1896)
auditors can be liable where they fail to make checks
thomas gerrard & sons (1968)
auditors can be liable where negligence takes place
caparo industries v dickman (1990)
Control test, employer will exert more direct control
roche v kelly (1969)
integration test, is their work a part of the core business of the employer
in re sunday tribune (1984)
enterprise test, working on their own account or for ‘employer’
market investigations v minister for social security (1969)
reality test, how is the relationship defined by the parties involved
massey v crown life insurance (1978)
teacher lawfully dismissed because her lifestyle was in conflict with values school sought to promote
flyyn v power (1985)
constructive dismissal
conway v ulster bank (1981)
minimum notice periods, bolands limited v ward (1998)
minimum notice and terms of employment act 1973-2005
provides minimum entitlement for redundancy payments for employees with set period of employment
redundancy payment act 1967-2014
buyer beware
caveat emptor
not for profit not a consumer
cunningham v woodchester investments (1984)
exception if buyer didnt rely on sellers skill or judgement or if it was unreasonable to rely on seller
godely v perry (1960)
goods have to match sample and description
nichol v godts (1854)
14 day cooling of period change of mind for any reason
off premises and distance contracts consumer rights directive 2011
causation, other parties actions resulted in your injury
breslin v corcoran (2003)
neighbour principle
donoghue v stevenson (1932)
“reasonable man” test, take reasonable care to avoid foreseeable harm
sullivan v creed (1904)
burden of proof lies with plaintiff except where the thing speaks for itself, defendant has sole control, etc
Byrne V Boadle (1863)
damage has occurred, injury must be foreseeable, BUT egg shell skull rule
burke v john paul (1967)
intervening ac solely the cause for damages
Canole V Redback Oyster Company (1976)
contributory negligence
O Leary V O Connell (1968)
vicarious liability , liable for the actions of others
IIkiw V Samuels (1963)
if relationship of proximity where carelessness may cause damage the a duty of care arises
anns v merton london borough council (1978)
professional negligence
doran v delaney (1998)
inevitable accident, no reasonable precaution would have prevented
stanley v powell (1891)
consent of plaintiff, konwledge of risk alone not sufficient, knowledge and appreciation of physical risk to the extent of surrendering legal rights must be shown
Regan V Irish Automobile Club (1990)
necessity, no other reasonable alternative, prevent a greater evil
Cope V Sharpe (1912)
statute authority, statute expressly authorises
smith v wexford county council (1953)
statute of limitations, limited time, 2 years for personal injury, vary per wrongdoing, time extended if under age
Kelly V O’Leary 2001
illegality
Anderson V Cooke 2005
