Question:
“ Until the company has been incorporated it cannot contract or do any other act. Nor once incorporated, can it become liable on or entitled under contacts purporting to be made on its behalf prior to incorporation.”
Gower & Davies, Principles of Modern Company Law 9th ed. (2012), Thomson Sweet and Maxwell, at p 121.
Critically evaluate this statement in the light of decided case law.
Criteria for Assessment
This assessment is intended to test your ability to:
- Critically identify and analyse the legal and theoretical issues raised by the quotation and the question posed.
- Carry out the necessary research so as to fully inform your answer.
- Critically demonstrate in your writing that you understand and have applied your research.
- Make appropriate use of case law and academic journal articles.
- Critically explain your reasoning in a clear and cogent fashion.
Word Count
The word count is 1,250 words
There will be a penalty of a deduction of 10% of the mark for work exceeding the word limit by 10% or more.
The word limit includes quotations, but excludes the bibliography, references and citations.
How to submit your assessment
The assessment must be submitted by 23.55:00 on 03/03/2017. No paper copies are required. You can access the submission link through the module web.
- Your coursework will be given a zero mark if you do not submit a copy through Turnitin. Please take care to ensure that you have fully submitted your work.
- All work submitted after the submission deadline without a valid and approved reason (see below) will be given a mark of zero.
- Extensions of up to two calendar weeks can only be given for genuine “force majeure” and medical reasons, not for bad planning of your time. Please note that theft, loss, or failure to keep a back-up file, are not valid reasons. The extension must be applied for on or before the submission date. You can apply for an extension by submitting an Examination/ Coursework Deferral/Extension Application Form. Application Forms along with the supporting evidence should go to the relevant Student Support Office. For a longer delay in submission a student may apply for a deferral.
- Students MUST keep a copy and/or an electronic file of their assignment.
- Checks will be made on your work using anti-plagiarism software and approved plagiarism checking websites.
