case study of company law

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Top 40 Most Popular Case Studies of 2021

Two cases about Hertz claimed top spots in 2021's Top 40 Most Popular Case Studies

Two cases on the uses of debt and equity at Hertz claimed top spots in the CRDT’s (Case Research and Development Team) 2021 top 40 review of cases.

Hertz (A) took the top spot. The case details the financial structure of the rental car company through the end of 2019. Hertz (B), which ranked third in CRDT’s list, describes the company’s struggles during the early part of the COVID pandemic and its eventual need to enter Chapter 11 bankruptcy. 

The success of the Hertz cases was unprecedented for the top 40 list. Usually, cases take a number of years to gain popularity, but the Hertz cases claimed top spots in their first year of release. Hertz (A) also became the first ‘cooked’ case to top the annual review, as all of the other winners had been web-based ‘raw’ cases.

Besides introducing students to the complicated financing required to maintain an enormous fleet of cars, the Hertz cases also expanded the diversity of case protagonists. Kathyrn Marinello was the CEO of Hertz during this period and the CFO, Jamere Jackson is black.

Sandwiched between the two Hertz cases, Coffee 2016, a perennial best seller, finished second. “Glory, Glory, Man United!” a case about an English football team’s IPO made a surprise move to number four.  Cases on search fund boards, the future of malls,  Norway’s Sovereign Wealth fund, Prodigy Finance, the Mayo Clinic, and Cadbury rounded out the top ten.

Other year-end data for 2021 showed:

• Online “raw” case usage remained steady as compared to 2020 with over 35K users from 170 countries and all 50 U.S. states interacting with 196 cases.
• Fifty four percent of raw case users came from outside the U.S..
• The Yale School of Management (SOM) case study directory pages received over 160K page views from 177 countries with approximately a third originating in India followed by the U.S. and the Philippines.
• Twenty-six of the cases in the list are raw cases.
• A third of the cases feature a woman protagonist.
• Orders for Yale SOM case studies increased by almost 50% compared to 2020.
• The top 40 cases were supervised by 19 different Yale SOM faculty members, several supervising multiple cases.

CRDT compiled the Top 40 list by combining data from its case store, Google Analytics, and other measures of interest and adoption.

All of this year’s Top 40 cases are available for purchase from the Yale Management Media store .

And the Top 40 cases studies of 2021 are:

1.   Hertz Global Holdings (A): Uses of Debt and Equity

2.   Coffee 2016

3.   Hertz Global Holdings (B): Uses of Debt and Equity 2020

4.   Glory, Glory Man United!

5.   Search Fund Company Boards: How CEOs Can Build Boards to Help Them Thrive

6.   The Future of Malls: Was Decline Inevitable?

7.   Strategy for Norway's Pension Fund Global

8.   Prodigy Finance

9.   Design at Mayo

10. Cadbury

11. City Hospital Emergency Room

13. Volkswagen

14. Marina Bay Sands

15. Shake Shack IPO

16. Mastercard

17. Netflix

18. Ant Financial

19. AXA: Creating the New CR Metrics

20. IBM Corporate Service Corps

21. Business Leadership in South Africa's 1994 Reforms

22. Alternative Meat Industry

23. Children's Premier

24. Khalil Tawil and Umi (A)

25. Palm Oil 2016

26. Teach For All: Designing a Global Network

27. What's Next? Search Fund Entrepreneurs Reflect on Life After Exit

28. Searching for a Search Fund Structure: A Student Takes a Tour of Various Options

30. Project Sammaan

31. Commonfund ESG

32. Polaroid

33. Connecticut Green Bank 2018: After the Raid

34. FieldFresh Foods

35. The Alibaba Group

36. 360 State Street: Real Options

37. Herman Miller

38. AgBiome

39. Nathan Cummings Foundation

40. Toyota 2010

Corporate Law

Will the real shareholder primacy please stand up.

• Ann M. Lipton

In re GGP, Inc. Stockholder Litigation

Delaware Supreme Court Reverses Dismissal for Shareholders Seeking Appraisal in Merger with Preclosing Dividend.

Public Reporting of Monitorship Outcomes

• Veronica Root Martinez

Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code

The supreme court and the pro-business paradox.

• Elizabeth Pollman

The (Indigenous) Case for Shareholder Primacy and its Role in Climate Justice

• Carla F. Fredericks

Rethinking Retirement Savings

• Jason Fernandes
• Janelle Orsi

Controller Confusion: Realigning Controlling Stockholders and Controlled Boards

Flood v. synutra international, inc..

MFW Conditions Are in Place “Before Any Substantive Economic Negotiations” in Controlling Shareholder Transactions.

Deal Process Design in Management Buyouts

• Guhan Subramanian

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Global Corporate Law

Landmark cases in company law.

Victoria Barnes and Sally Wheeler (eds)

This book aims to add a new dimension to the burgeoning scholarship on landmark cases. The body of literature, which began with studies of key areas of private law, has gathered pace in recent years. It now has such momentum that there is a revisionist trend and a second wave of literature that revisits the first set of case studies. [1] The Landmark Case in… series has, for example, over 10 volumes with more planned. These books focus on foundational cases and typically cover fields of law, such as contract, property, torts, as one might well expect, but also now also extend to the more specialist and idiosyncratic areas of law, namely medical law, intellectual property law and so on. [2] Despite the growth of this literature, there is no such volume on company law.

Company law has escaped attention probably for a simple reason: it is widely understood to be a creature of statute law. This is owing to the prevalence of codes, codifying acts and legislation. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing and influencing legal ideas that were later enshrined within pieces of legislation. Indeed, the key principles and rules in company law can be traced back to the Industrial Revolution of the eighteenth and nineteenth centuries. This formative period is often seen as a fulcrum for modern company law with the rise in enterprise, share ownership and insolvency proceedings. The emergence of big business in the twentieth century too resulted in fundamental changes in structure of socio-economic relations. Doctrines, which emerged during this timeframe, continue to have influence in the present, but their origins in case law have hitherto been understudied.

This book aims to uncover and reveal overlooked but inspirational landmark cases in company law. It redresses the imbalance, and the secondary role assigned to case law, in our understanding of company law. An exercise in unearthing landmark cases can thus be fruitful for a number of reasons. It can shed some much needed light on how, why and when rules came into being (or not). A novel account of company law, using the ‘law in context’ method, can be informative. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. A simple read of these sources will only explain the rules themselves. The academic scholarship contained in the chapters within this volume informs and adds to these primary legal resources.

The chapters push beyond a simplistic account of the case that you might see in a textbook or the secondary literature explaining what the law is (or was). These chapters proffer an explanation for why legal rules took the shape that they did. As well as the context, chapters will also reveal new factual details through archival research. These archaeological analyses also provide an account of the case in greater detail.  Such an excavation may inform the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner or form. It may also provide insights into why the judges took the view that they did in this case. Drawing on a range of diverse methods and interdisciplinary orientation, these chapters provide some much needed contextualisation, which helps to explain the past, present and future of company law as well as its shape, structure and trajectory.

a)      Explaining the Company

b)     Shareholders As Between Themselves

c)      Protecting the Minority

d)     Way Directors Act

e)      Financing the Company

[1] See Jonathan Herring and Jesse Wall (eds), Landmark Cases in Medical Law (Bloomsbury Publishing 2015); Shaun D Pattinson, Revisiting Landmark Cases in Medical Law (Routledge 2018). Interestingly, the editors of the volume on criminal law decided not to include a chapter on R v Dudley and Stephens (1884) because they felt that Brian Simpson has done it so well in his monograph, nothing new could be added. See Philip Handler, Henry Mares and Ian Williams, ‘Introduction’ in Philip Handler, Henry Mares and Ian Williams (eds), Landmark Cases in Criminal Law (Bloomsbury Publishing 2017) 2.

[2] Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Restitution (Bloomsbury Publishing 2006); Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Contract (Bloomsbury Publishing 2008); Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Tort (Bloomsbury Publishing 2010); Stephen Gilmore, Jonathan Herring and Rebecca Probert (eds), Landmark Cases in Family Law (Bloomsbury Publishing 2011); Nigel Gravells (ed), Landmark Cases in Land Law (Bloomsbury Publishing 2013); Simon Douglas, Robin Hickey and Emma Waring (eds), Landmark Cases in Property Law (Bloomsbury Publishing 2015); Herring and Wall (n 1); Jose Bellido (ed), Landmark Cases in Intellectual Property Law (Bloomsbury Publishing 2017); Eirik Bjorge and Cameron Miles (eds), Landmark Cases in Public International Law (Bloomsbury Publishing 2017); Philip Handler, Henry Mares and Ian Williams (eds), Landmark Cases in Criminal Law (Bloomsbury Publishing 2017); Satvinder Juss and Maurice Sunkin (eds), Landmark Cases in Public Law (Bloomsbury Publishing 2017).

The Global Corporate Law brings together those exploring the company regulation from around the globe. In the present era of de-globalisation, policy-makers have been either slow, reluctant or unwilling to recognise the importance of global exchanges. Following the disruption to supply chains in the wake of Brexit and now the conflict in Ukraine, there is now widespread acknowledgement that commerce is global in nature. Yet, the international commercial exchanges are not themselves new. Companies have long looked to new markets to expand and entrepreneurs have built new customer bases overseas since time immemorial. Traders have often sought finance, agents or intermediaries to facilitate the sale of goods. Law, of course, influences the terms of commercial transactions at all levels.

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Company Law - Notes, Case Laws and Study Material

This course consists of 5 modules that cover a range of topics from the salient features of the companies act to various doctrines and tribunals..

The history of Indian Company Law began with the Joint Stock Companies Act of 1850 . Thereafter, a cumulative process of amendment and consolidation brought us to the most comprehensive and complicated piece of legislation, the Companies Act, 1956 . As of today, the Companies Act, 2013 has replaced the Companies Act, 1956. The new Act has 470 sections and 7 schedules as against 658 sections and 15 schedules in the 1956 Act.

This course consists of 5 modules that cover a range of topics from the salient features of the Companies Act to various doctrines and Tribunals. To help readers get an in-depth understanding of Indian Company Law, we have also provided well-researched and analytical articles on miscellaneous subjects towards the end of the course.

Important articles and study material on Company Law – Click on the links to Read:

• A Comparative Analysis of the Provisions of Companies Act, 1956 and Companies Act, 2013
• Introduction to Company Law: Meaning, Nature, and Characteristics
• Salomon v. A Salomon and Co. Ltd (1897)
• Companies Act 2013 – Bare Act
• Types of Company
• Comparison of a Company with a Partnership firm and an LLP
• Formation of a Company under the Companies Act, 2013
• Disadvantages of Incorporation of a Company
• A Comprehensive Analysis of Section 9 of the Companies Act, 2013
• Case Study: Foss v Harbottle (1843)
• Promoters of a Company
• Memorandum of Association (MoA)
• Articles of Association: Meaning, Nature, and Explanation
• Doctrine of Ultra Vires in Company Law
• Doctrine of Harmonious Construction: A Comprehensive Analysis
• Doctrine of Indoor Management in Company Law
• Prospectus of the Company
• Meetings under the Companies Act of 2013
• Shares, Share Capital, and Debentures: Explained
• Winding Up of Companies
• Corporate Social Responsibility (CSR)
• National Company Law Tribunal (NCLT)
• National Company Law Appellate Tribunal (NCLAT)
•  Write Short notes on Share Warrant.
• Write Short notes on Share Certificate.

Other important articles and study material on Company Law:

Theories of Corporate Personality

Minority Shareholders & Their Rights in a Company

• Types of Directors in a Company

Power and Liabilities of Directors

• Allotment of shares
• Majority Powers And Minority Rights
• Prevention of Oppression and Mismanagement
• Inspection, Inquiry, and Investigation
• Debenture: Meaning, Features and Kinds
• Debentures and its impact on Company and Shareholders
• Internal Audit under the Companies Act, 2013
• A Comprehensive Study of the Company Law Committee Report 2022
• Difference between Dissolution and Winding Up of a Company

Equity Funding under The Companies Act, 2013

Company Law Mains Questions-Answer Series: Important Questions for Judiciary Exams

• Company Law Mains Question Series Part I
• Company Law Mains Question Series Part III
• Company Law Mains Question Series Part IV

Company Law Mains Question Series Part V

Your valuable feedback in the form of comments or any desired inputs are encouraged and always welcome. Every contribution toward a goal is valuable, regardless of how small it may be.

Admin Legal Bites

Legal Bites Study Materials correspond to what is taught in law schools and what is tested in competitive exams. It pledges to offer a competitive advantage, prepare for tests, and save a lot of money.

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Company Law

Case Studies in a Business Context

• © 1988
• Desmond Painter 0

Dorset Institute of Higher Education, UK

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Introduction

The Rules Governing the Relationships Among a Company’s Stakeholders: Company Law

Introduction: “Run Legal as a Business!”

Case studies.

• company law

Table of contents (6 chapters)

Front matter.

Desmond Painter

Summary of Case-Study Contents

Summary of legal topics, introduction to the notes, notes on each case study, authors and affiliations, bibliographic information.

Book Title : Company Law

Book Subtitle : Case Studies in a Business Context

Authors : Desmond Painter

DOI : https://doi.org/10.1007/978-1-349-09261-1

Publisher : Palgrave Macmillan London

eBook Packages : Palgrave Political & Intern. Studies Collection , Political Science and International Studies (R0)

Copyright Information : Desmond Painter 1988

Softcover ISBN : 978-0-333-43465-9 Published: 18 June 1989

eBook ISBN : 978-1-349-09261-1 Published: 18 June 1989

Edition Number : 1

Number of Pages : XI, 204

Topics : Commercial Law

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Important caselaws on Company law

Leading Cases on Company Law

As the trend of asking questions have been changed by ICAI, I thought this might be useful. I compiled these decided case laws from various sources like RTP, study module, compilation of suggested answers. I am laying down only those which I feel important from examination point of view. These caselaws make the concept even clearer because example is a better teacher.

Cases on separate legal entity

Kandoli tea company Ltd(1886)

Facts Certain persons transferred their properties in the name of company on which tax was payable.

Petition Petitioners claimed exemption from such tax on the ground that the transfer was from them individually to themselves in another name.

Judgment Company is separate from its shareholders and this should be treated as transfer.

Saloman Vs. Saloman & Co. Ltd. (1895 - 99)

Facts- Saloman sold his business to a company named Saloman & Company Ltd., which he formed. Saloman took 20,000 shares. The price paid by the company to Saloman was 30,000, but instead of paying him, cash, the company gave him 20,000 fully paid shares of 1 each &10,000 in debentures. The company wound up & the assets of the company amounted to 6,000 only. Debts amounted to 10,000 due to Saloman & Secured by debentures and a further 7,000 due to unsecured creditors. The unsecured creditors claimed that as Saloman & Co. Ltd., was really the same person as Saloman, he could not owe money to himself and that they should be paid their 7,000 first.

1. A Company is a "legal person" or "legal entity" separate from and capable of surviving beyond the lives of, its members.

2. The company is not in law the agent of the subscribers or Trustee for them.

3. Saloman was entitled to 6,000 as the company was an entirely separate person from Saloman.

4. The unsecured creditors got nothing.

Lee Vs. Lee's Farming Co. Ltd. (1960)

Facts- Lee incorporated a company of which he was the managing director. In that capacity he appointed himself as a pilot of the company. While on the business of the company he was lost in a flying accident. His widow claimed compensation for personal injuries to her husband while in the course of his employment. It was argued that no compensation was due because L & lee's Air Farming Ltd. were the same person.

1.L was separate person from the company he formed and compensation was payable.

2. His widow recovered compensation under the Workmen's Compensation Act

3. A member of a company can contract with a company of which he is a shareholder.

4. The directors are not precluded from being an employee of the company for the purpose of workmen's compensation legislation.

MacauraVs. Northern Assurance Co. Ltd. (1925)

Facts- M was the holder of nearly all the shares except one of a timber company. He was also a substantial creditor of the company. He insured the company's timber in his own name. The timber was destroyed by fire & M claimed the loss from Insurance Company.

1.The Insurance Company was not held liable to him.

2.A shareholder cannot insure the company's property in his own name even if he is the owner of all or most of the company's shares.

Lifting of corporate veil

Gol ford Motor Co. Vs. Home (1933)

Facts- Home was appointed as a managing director of the plaintiff company on the condition that "he shall not at any time while he shall hold the office of a managing director or afterwards, solicit or entice away the customers of the company." His employment was determined under an agreement.

Shortly afterwards he opened a business in the name of a company which solicited the plaintiffs customers.

Judgment-It was held that the company was a mere cloack or shaw for the purpose of enabling the defendant to commit a breach of his covenant against solicitation. The court will refuse to uphold the separate existence of the company where it is formed for a fraudulent purpose or to avoid legal obligations.

Daimler Co. Ltd. Vs. Continental Tyre & Rubber Co. Ltd. (1916)

Facts- In a company incorporated in England for the purpose of selling tyres manufactured in Germany by a German Company, all the shares except one was held by the German subjects residing in Germany. The remaining one was held by a British. Thus the real control of English Company was in German hands. Question arose whether the company had become an enemy company due to war&should be barred from maintaining the action.

1.A Company incorporated in United Kingdom is a legal entity, a creation of law with the status & capacity which the law confers.

2.It is not a natural person with mind or conscience. It can neither be loyal nor disloyal. It can be neither friend nor enemy. But it can assume enemy character when persons in defacto control of its affairs are residents in any enemy country or whenever resident, are acting under the control of enemies.

3.Held that company was an enemy company for the purpose of trading and therefore it was, barred from maintaining the action.

Workmen employed in associated rubber industries

Facts A subsidiary company was formed wholly by the holding company with no assets of its own except those transferred to it by the holding company, with no business or income of its own except receiving dividend from shares transferred to it by the holding company.

Judgment Court held that the company was formed as a devide to reduce the profitsof the holding company and thereby reduce the bonus to workmen.

F.G.Films Ltd., case

Facts An American company produced a film in India actually in the name of British company wherein 90% of the share capital was held by the chairman of the American company which financed the production of the film.

Judgement The contention of the sensor board of films refusing to register the film on the ground that British company has acted merely as an agent of British company was correct.

COI is conclusive evidence that all the requirements have been complied with

Moosa Goola Arif Vs Ibrahim Goola Arif

Facts Company registered on the basis of MOA&AOA signed by two persons and a guardian on behalf of 5 minor members. Guardian signed separately for each of 5 memebers. The ROC however registered the company and issued under his hand a certificate of incorporation.

Petition Plaintiff contended that COI should be declared as void.

Judgment The court held the certificate to be conclusive for all purposes.

Jubilee Cotton Mills Ltd.,

Facts The ROC issued a COI on Jan 8thbut dated it Jan 6thwhich was the date he received application. On Jan 6ththe company made an allotment of shares to Lewis

Judgment Court held that certificate was conclusive evidence of incorporation on Jan 6thand that the allotment was not void on the ground that it was made before the company was incorporated.

Decided case on objects clause of MOA

Crowns bank case

Facts A companys objects clause enabled it to act as a bank and further to invest in securities and to underwrite issue of securities. The company abandoned its banking business and confined itself to investment activities.

Judgment Court held that the company was not entitled to do.

Doctrine of ultravires

Ashbury railways carriage & Iron Co Ltd Vs Riche

Facts A railway company was formed with an object of selling railway wagons. The directors entered into a contract with Richie to finance the construction of railway line. The shareholders later rejected the contract as ultravires.

Judgment The court held that the contract was ultravires and therefore null and void.

Doctrine of indoor management / Turquand rule

Royal British Bank Vs. Turquand (1856)

Facts- The Directors of a company borrowed a sum of money from the plaintiff. The company's articles provided that the directors might borrow on bonds such sums as may from time to time be authorised by a resolution passed at a general meeting of the company. The shareholders claimed that there had been no such resolution authorising the loan and, therefore, it was taken without their authority. The company was however held bound by the loan. Once it was found that the directors could borrow subject to a resolution, the plaintiff had a right to infer that the necessary resolution must have been passed.

1.Persons dealing with the company are bound to read the registered documents and to see that the proposed dealing is not inconsistent therewith.

2.Outsiders are bound to know the external position of the company, but are not bound to know its indoor management.

3.Company may ratify the ultra vires borrowing by the directors if it is taken bonafide for the benefit of the company.

Exception to Turquand rule

Ruben Vs. Great Fingall Consolidated (1906)

Facts- The plaintiff was the transferee of a share certificate issued under the seal of a defendant company. The certificate was issued by the company's secretary, who had affixed the seal of the company & forged the signatures of two directors.

1.It is quite true that persons dealing with limited liability companies are not bound to enquire into their indoor management and will not be affected by irregularities of which they have no notice. But the doctrine of indoor management, which is well established, applies to irregularities which otherwise might affect a genuine transaction. It can't apply to a forgery.

2.Plaintiffs suit for damages did not succeeded because turquand's rule did not apply where the document was forged.

Anand Biharilal Vs Dinshaw and Co.,

Facts The plaintiff accepted a transfer of the companys property from its accountant.

Judgment The court held that since it is beyond the scope of an accountants authority, it was held void.

The offer in prospectus should be made to public (atleast to 50 persons)

Nash Vs Lynde

Facts Some copies of documents marked strictly confidential and containing particulars of a proposed issue of shares, were sent by the managing director to his relatives and friends. Thus the document was passed on privately through a small circle of friends of directors.

Judgment The court held that there was no issue to public, and it doesnot amount to prospectus as it was not offered to public.

Who can sue on a false and misleading prospectus

Only primary market allotees

Peek Vs Gurney

Facts A fraudulent prospectus was issued by the directors. Peek received a copy of it and did not took any shares. After several months Peek bought few shares from the stock exchange.

Judgment His action against the directors for fraudulent prospectus was rejected as he took the shares throughthe secondary market.

Misc. Case laws

Needle Industries Ltd. Vs. Needle Industries ly (India) Holding Ltd. (1981)

Facts-The articles of a private company contained a clause that when the directors decided to increase the capital of the company by the issue of shares the same should be offered to the shareholders, and if they failed to take, may be offered to others. The company was a wholly owned subsidiary of an English Company. The Govt, of India adopted a policy of diluting foreign holdings. The company accordingly issued shares to its employees and relatives reducing the foreign holding to 60%. The company became a deemed public company because more than 28% of its share capital was held by a body corporate.

1.A deemed public company is neither a private company nor a public company but a company in a third category.

2.If the power of appointing additional directors is delegated to the Board by the articles, the Board can appoint additional directors without taking this item on the agenda of its meeting.

Gramophone Ltd. Vs. tanley (1908)

1."Even a resolution of a numerical majority, at a general meeting cannot impose its will upon the directors. When the articles have confided to them the control of the company's affairs."

2.A company will be regarded as an Indian Company even if it is incorporated in India by promoters of foreign nationality.

T.R. PRATT Ltd. Vs. Sasson & Co. Ltd. (1936)

Facts- There were three companies, namely, 'S\ 'MT' & 'P' Company. S company had been financing P Company for a number of years and all transactions of loans were entered into through the agency of MT Company which held almost all the shares of P Company. The Directors of MT Company were also the Directors of P Company and this fact was known to S Company. An equitable mortgage was created on the property of 'P' Company for a loan granted by S to MT Company. In the winding up of P Company, it was held that the official liquidator was entitled to avoid the equitable mortgage as S Company had the knowledge of the facts through its directors.

1.Just as in case of agency, a notice to agent will amount to a notice to the principal, in the same way a notice to director will be deemed as a notice to the company.

2.Money having borrowed and used for the benefit of the principal, i.e. company in either paying off debts or for its legitimate business, the company could not repudiate its liability on the ground that the agents i.e., directors had no authority from the company to borrow.

3. "Under the law an incorporated company is a distinct entity, and although all the shares may be practically controlled by one person, in law a company is a distinct entity and it is not permissible or relevant to enquire whether the directors belonged to the same family or whether it is compendiously described as one man company.

EwingVs. Butter Cut Margarine Company Ltd. (1917)

Facts- The plaintiff was an incorporated firm carrying on substantial business under the trade name of Butter Cap Dairy Company. The defendant company was registered to trade in similar commodities and selected the name bonafide believing that there was no other company in existence with a similar name. The plaintiff alleged that the name of the company would lead to confusion and was detrimental to the plaintiffs business.

Judgment-Plaintiff was entitled to restrain the ly registered company from carrying on business on the ground that the public might reasonably think that the registered company was connected with his business.

Mackinnon Mackenzee & Co. Re, (1967)

Facts- A Company desired to shift its registered office from the State of West Bengal to Bombay. The Company's petition was resisted by the state on the grounds of loss of revenue.

Judgment- Held that there is no statutory right of the state, as a state, to intervene in an application made u/s 17 for alteration of the place of the registered office of a company. To hold that the possibility of the loss of revenue is not only relevant, but of persuasive force in regard to the change is to rob the company of the statutory power conferred on it by Sec. 17. The question of loss of revenue to one state would have to be considered in the total conspectus of revenue for the Republic of India and no parochial consideration should be allowed to turn the scale in regard to change of registered office from one state to another within India.

Scientific Poultry Breeder's Association, Re (1933)

Facts- Memorandum of the company prohibited payment of any remuneration to the directors. When the business of the company increased it was found that the directors could not pay sufficient attention unless some remuneration was paid to them.

Judgment-Company was allowed amendment to enable it to pay remuneration to its managers, which was formerly forbidden, being necessary for efficient management.

Re Cyclists Touring Club. (1907)

Facts- The Company's business was to promote, assist & protect cyclists on the public roads. The company by altering the object clause desired to include among the persons to be assisted all tourists including motorists.

1.The club not allowed to undertake protection of motorists also, as cyclists had to be protected against motorists.

2.It was impossible to combine the two business as one of the objects of the company was to protect cyclists against motorists.

Peveril Gold Mines Ltd. Re (1898)

Facts- The articles provided that no winding up petition could be presented without the consent of two directors or unless a resolution to wind up was passed at a general meeting or the petitioner held one-fifth of the share capital. None of these conditions was fulfilled.

1.Restriction was invalid & the petition could be presented.

2.Sec. 439 of the Companies Act, 1956 confers the right on a shareholder to petition for winding up of the company in certain circumstances.

This right can't be excluded or limited by the articles.

3.Each member is entitled to say that there shall be no breach of the Articles and he is entitled to an injunction to prevent breach.

Hulton Vs. Scarborough Cliff Hotel Co. (1865)

Facts- A resolution passed at a general meeting of a company altered the articles by inserting the power to issue shares with preferential dividend. The memorandum contained no such power.

The alteration was inoperative.

Erlanger Vs. Sombrero Phosphate Co. (1878)

Facts- Erlanger was the head of a syndicate who purchased an Island containing mines of Phosphate for 55,000 pounds Then formed a company to buy this Island. A contract was made between X a nominee of the syndicate and the company for its purchase at 1,10,000 pounds. A prospectus was then issued. Many persons took shares. The company failed & the liquidator sued the promoter for the refund of the profit.

1.Promoters stand in a fiduciary position. They have in their hands the creation & moulding of the company.

2.The promoters is in the situation a kin to that of a trustee of the company, & his dealings with it must be open and fair.

3.Promoter is guilty of breach of trust if he sells property to the company without informing the company that the property belongs to him or he may commit a breach of trust by accepting a bonus or commission from a person who sells property to the company.

Published by

Vinay Raja (student-IPCC) Category Corporate Law   Report

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Business Law Case Studies with Solutions

• Post author: myspeakhr
• Post category: Case Study
• Reading time: 5 mins read

Discussed here is the Business Law Case Studies with Solutions. Business Law is also known as Legal Aspects of Business, Commercial Law etc. Here we have given short case studies along with solutions in business law. These simple case law in commercial law contains cases related to Contract Act 1872, Sale of goods Act and Consumer protection Act with solutions. All the 3 Acts discussed here is majorly used in business transactions. These short case studies on commercial law with answers will be helpful for students of MBA, BBA, B.com and Law. These case studies and solutions are explained in very simple words without much difficult legal terms for the benefit of the students.

Below is the Business Law Case Studies with Solutions.

I. Indian Contract Act Case Studies

1. case study on basic contract act.

“A gives an offer in the newspaper for the sale of his HP laptop for Rs. 15000. He also stated that Those who are willing to purchase can send a message to his mobile.”” In this simple case consider the following situation and discuss the solution:

a) B was interested to purchase the laptop and sent a message stating that he wish to purchase for 12000. Was it an acceptance is given by B-

No it was not an acceptance It can be termed as counter offer. If feasible A has to give acceptance.

b) B was interested to purchase the same but he asked C to message on behalf of B. and C messaged as follows

“My friend B is interested to purchase your laptop for 15000”  . Here is this a valid Acceptance? is A binded by the acceptance.

No this is not a valid acceptance. The acceptance needs to be given by the accept-or itself. Hence A is not binded by the action of C.

c)  B who is much interested in purchasing the laptop had called Mr.A and given the acceptance through his phone. Is A obliged for acceptance given by B.

The acceptance must the given by the mode prescribed by the offer-or only. Hence in the given case the acceptance given by B through telephone is not an acceptance.

2. Case study on Valid Contract

Mr. X invited Mr. Y his business partner for X’s sisters marriage. Y accepted the invitation in this ground X booked a table in a costly hotel where the marriage takes place. Due to some reason Y could not attend the function. What type of contact is this. Is this a valid contract. Justify your answer.

This is not a valid contract on the following basis:

a. This is a social agreement. The agreement is not created with an intention to create legal relationship rather to create a social relationship.

b. There is no consideration involved in the contract hence it is not a valid contract.

II. Consumer Protection Act Case Studies

3. case study on who is a consumer.

a. Mr. A bought a printer from an electronics store for using it at home. The TV was defective. Is Mr. A a consumer?

Yes Mr. A is a consumer as he purchased the printer for his own use.

b. Balu is a distributor for computer accessories. He bought 100 pen-drives for selling to other computer vendors. Is Balu a consumer?

Balu is not a consumer as he has obtained accessories for resale.

4. Case study on Restrictive and Unfair trade practices

Mr. X went to a electronic shop to purchase a TV for his newly built house. He asked the information about Samsung 40 inches LED TV to the shop keeper. The shop keeper being a dealer of other brands misguide the customer stating that Samsung had planned to stop the production of 40 Inch LED TV’s. The shopkeeper made the customer believed the same and advice him to purchase some other brand.

The act of Shop keeper is Restrictive trade practice or Unfair trade practices?

The act of shopkeeper is a unfair trade practice as he had mislead the customer with a motive to increase his sale.

III. Sale of Goods Act 1930 Case studies

5. case study on sale or agreement to sell.

On 1st March 2017, Alex agreed to sell his car to Beny for Rs. 80,000. It was agreed between themselves that the ownership of the car will transfer to B on 31st March 2017. when the car is gets registered in Beny`s name. Justify whether it is sale or agreement to sell.

It is an agreement to sell and it will become sale on 31st March when the car is registered in the name of Beny.

6. Case study on Warranty

Anay purchased a second hand typewriter from Balu. Anay used it for sometime and also spend some money on its repairs. The typewriter turned out to be stolen one and as such Anay had to return it to the true owner chand. Is it a breach of Warranty or not. What remedy will Anay get?.

It is a breach of warranty. It is a implied warranty as to quite possession. It was held that Anay could recover damages from Balu amounting to the price paid and the cost of repair.

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Avon Urged to Slow Bankruptcy While Cancer Victims Get Organized

By Steven Church and Dorothy Ma

Beauty brand Avon Products Inc. should slow down its bankruptcy case so that people who allegedly got cancer from the company’s products have time to study any potential payout plan, a lawyer said in court Wednesday.

Victims deserve a special committee to represent them in the Chapter 11 case , said Todd Phillips , a lawyer for people who claim Avon’s talc products are responsible for their health problems. The company faces nearly 400 lawsuits alleging that some Avon cosmetics contained asbestos, a toxic substance that was once used in everything from automobile brake pads to ceiling tiles.

“It all ...

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Delta hires powerful lawyer David Boies’ firm to seek compensation from CrowdStrike and Microsoft for its outage

Delta Air Lines’ service meltdown, which led to thousands of cancelled flights and a half million stranded customers, cost the company hundreds of millions of dollars. And now it wants Microsoft and the cybersecurity firm that caused the problem to compensate it for at least some of its losses.

Delta has hired high-profile attorney David Boies’ law firm to seek damages from cyber security firm CrowdStrike and Microsoft for the massive service issues it suffered last week following a badly flawed software update caused problems in a key computer program.

The hiring of the firm of Boies Schiller Flexner, first reported by CNBC , was confirmed to CNN by a person familiar with the decision.

Delta’s costs could total between $325 million to $475 million, according to a note published Tuesday by Savanthi Syth, airline analyst for Raymond James.

Delta had no comment about questions about damages it would be seeking. Microsoft also had no comment.

“We are aware of the reporting, but have no knowledge of a lawsuit and have no further comment,” a CrowdStrike spokesperson told CNN.

The software update of Microsoft Windows systems sent out by CrowdStrike to its customers late on July 18 caused widespread computer outages at businesses around the globe. Although many businesses recovered within hours, Delta faced problems for days, particularly struggling to get its crucial crew-tracking software to work again.

Unable to find the pilots and flight attendants it needed, Delta was forced to cancel 6,300 flights across its mainline operations and its Endeavor Air feeder airline, which flies under the Delta Connection name, through Tuesday, July 23, according to flight tracking service FlightAware. That represented about 30% of its schedule. Another 9,300 of its flights were delayed, representing more than two-thirds of the flights it was able to complete in those five days. Delayed flights at the airline stayed elevated through the rest of the week.

Delta agreed to provide cash refunds to passengers who canceled their travel on the airline. The company also said it would compensate customers for the cost of flights on other airlines, hotels and meals they purchased in order to complete their travel plans. It also increased the pay of crew members for the week after the original outage.

Who is David Boies?

Boies and his firm won $290 million in 2023 from JPMorgan Chase for Jeffrey Epstein’s sexual abuse victims . He also was one of the attorneys who helped win the government’s antitrust case against Microsoft in 2000.

He also an investor, board member and attorney for Theranos, the blood testing firm whose founder and CEO Elizabeth Holmes is now serving time in prison for defrauding investors.

Boeis was part of the defense team of Harvey Weinstein, the movie producer who was was  convicted in 2020  of first-degree criminal sexual act and third-degree rape and in 2023 for sexual assault . Weinstein has had his 2020 conviction overturned on appeal but faces the possibility of a new trial on those charges.

And Boies was the lead counsel for former Vice-President Al Gore in his unsuccessful case before the Supreme Court related to the vote counting in the 2000 presidential election. He was co-lead counsel for the plaintiffs in  Perry v. Brown , the Supreme Court case that established the right to marry for gay and lesbian couples.

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