Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £4.99
Words: | Submitted: Sat Dec 06 2003
... and that of its shareholders. In effect Salomon's principle as confirmed by Macaura v Northern Assurance Co. and Lee v Lee's Air Farming Ltd. helps form an image of a corporation as a 'depersonalised conception'5, an object that is 'cleansed and emptied of its shareholders.'6 Yet the concept of an incorporated company as a separate legal person causes some difficulties, for surely all 'legal personality is in a sense fiction'.7 Questions soon arise as to the exact nature of this legal personality, and consequently measures are taken to mitigate its effects. Although a corporation is, as per Lord Halsbury, to 'be treated like any other person with its rights and liabilities appropriate to itself'8 this is surely impossible. The idea of a separate legal person has been pushed to its limits, and despite a corporation being capable of some crime - whereby the mental state of a person who is ...
FREE access exchanged for your work, or pay £4.99