New Sombrero Phosphate Company v Erlanger
| Jurisdiction | UK Non-devolved |
| Date | 1876 |
| Court | House of Lords |
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140 cases
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O'Sullivan v Management Agency and Music Ltd
...could not return that which they had received. The companies in which they had bought shares had been destroyed. In Erlanger v. New Sombrero Phosphate Co. (1878) 3 AC 1218 a contract for the purchase of an island containing valuable mines by the company from a syndicate was set aside on the......
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Dunbar Bank v Nadeem
...terminology, counter restitution to the other party. If counter restitution cannot be made the claim to rescission fails: see Erlanger v New Sombrero Phosphate Co (1878) 3 App Cas 1218. I reject Mr Price's submission that, had the cross-appeal not succeeded, Mrs Nadeem would have had an unq......
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Cheese v Thomas
...The court will grant relief whenever, by directing accounts and making allowances, it can do what is practically just: see Erlanger v New Sombrero Phosphate Co (1878) 3 App Cas 1218, 1278, 1279, per Lord Blackburn. Here justice requires that each party should be returned as near to his orig......
- Johnston v Friends Motor Company Ltd
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5 books & journal articles
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English Influences on the Historical Development of Fiduciary Duties in Scottish Law
...v A-G for Gibraltar (1873–74) LR 5 PC 516 at 536; Delves v Delves (1875) LR 20 Eq 77; Erlanger v The New Sombrero Phosphate Company (1878) 3 App Cas 1218 (HL); De Cordova v De Cordova (1878–79) LR 4 App Cas 692 at 703; Plowright v Lambert (1885) 52 LT 646; Boswell v Coaks (No 1) (1886) LR 1......
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Company Promoters and the Enforcement of Pre-Incorporation Contracts
...engaged in procuring the formation of a company.4Farrar & Hannigan op cit note 2 at 50.5Erlanger v New Sombrero Phosphate Co (1877-78) LR 3App Cas 1218.6Whaley Bridge Calico Printing Co v Green (1879-80) LR 5 QBD 109 at 111.7Twycross v Grant (1876-77) LR 2 CPD 469 (CA) at 541.8Charlesworth ......
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The Proceduralisation of Australian Corporate Law
...118 When one looks at the most influential cases on the law of fiduciary duties, such as Erlanger v New Sombero Phosphate Co (1878) 3 App Cas 1218, Regal (Hastings) Ltd v Gulliver [1967] 2 AC 134, and those cases which have articulated important principles of the law of agency, such as Hely......
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ULTRA VIRES AND CORPORATE CAPACITY IN SINGAPORE
...Malaysia). 21. [1984] BCLC 466. 22. Ibid. at pp.507 (Slade LJ), 515 (Browne-Wilkinson LJ). 23. Erlanger v New Sombrero Phosphate Co(1878) 3 App Cas 1218, 1230 per Lord Penzance (House of Lords). Though this case deal with promoters, the same must be true of directors who like promoters are ......
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