Majority Rule

MAJORITY RULE The volume swayer in society law of nature states that if the majority of fateholders do not privation to pursue an exploit at law then the minority is bound by that decision. The rule in foss v harbottle support the majority rule. The rule in Foss v Harbottle (1843) is that when a misuse has been committed against the participation, the proper claimant in appraise of that wrong is the caller-out itself. The rationale for the rule is bothfold: 1. It prevents a numerous of legal legal proceeding being brought in the deal of the same issue. If minority shareholders were permitted to create such proceedings at that place could be hundreds of actions. 2. It upholds the convention of majority rule: if the majority of shareholders do not wish to pursue an action then the minority is bound by that decision. In Foss v harbottle the claimants were two share holders in the capital of Seychelles park company. They brought an action against the companys five directors and promoters, alleging that the defendants had misappropriated assets belonging to the company and had improperly mortgage its property. The claimants sought an enjoin to compel the defendants to make good the losses suffered by the company. It was held that the actions moldiness fail. The harm in question was suffered by the whole company not just by the two shareholders.

It was open to the majority in the general meeting to admire the defendants conduct. To allow the minority to bring an action in these draw would risk prevent the wishes of the majority. The case of MacDougall V Gard iner (1875) is a sportsmanlike application ! of the rule that illustrates how it fits with the principle of majority rule, where again the COA held that the ass of the complain was something that in substance the majority of the shareholders were entitled to do not an singular shareholder. Having considered the issue of standing to sue we immediately turn to dissect the types of action available to the minority. * Representative action: brought by a...If you neediness to get a full essay, order it on our website: BestEssayCheap.com

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