oa Comparative and International Law Journal of Southern Africa - The never ending story of ultra vires
|Article Title||The never ending story of ultra vires|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 University of Botswana|
|Publication Date||Mar 1991|
|Pages||1 - 36|
|Keyword(s)||Ashbury Railway Case, Bell Houses Case, British company law, Creditor protection, Doctrine of ultra vires and Jenkins Report|
This article attempts to review the doctrine of ultra vires from a British law perspective, and to establish why, despite persistent calls for its abolition, it survived for so long in British company law. Have the efforts to reform it been improper or inadequate? Do the reforms introduced by the Companies Act 1989 adequately solve the problems associated with the doctrine? Does it still serve a useful purpose in modern company law? In an attempt to answer these and other questions, the doctrine is examined from its inception to the present day. References to the position in other countries are made where appropriate.
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