Failure To Give Notice Flashcards
Explain failure to give notice?
If the articles make acception these become part of the contract for example
A) accidental omission To give notice to a member entitled to receive it shall not invalidate the proceedings
Eg west Canadian collieries 1962, malfunction of address machine.
Though musselwhite v ch musselwhite did not agree the provision to operate in the case of a company which had sent notice to someone not yet entered onto the register of members.
1895 Table a provides that member must be in the uk or supply a uk address.
Notice must be sent to every member. A record date not more than21 days before the notice is sent out .
What is the effect of failure to give notice?
The meeting would be declared as invalid. This happened with Young vs Imperial ladies club 1920 where the Dutchess of Abercorn informed the chairman that she would no longer attend meetings. Mrs Young was expelled from a meeting. The expulsion was declared as invalid as the Dutchess had not received notice of the meeting. The two accept ions from the court for not sending notice were
A) member beyond summoning distance
B) member too ill but both of these too unreliable so best to just send notice
Accidental failure is disregarded. Only uk addresses covered so if member a road must supply uk address. If you send two returned undelivered over a period of at least 12 months stop sending it.
