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Books on the topic 'Doctrine of ultra vires'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Temple, Richard Mark. An examination of the doctrine of 'ultra vires' in English and French company law. University of Birmingham, 1987.

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2

O'Dell, Eoin. Restitution and 'ultra vires' contracts. Society of Public Teachers of Law, 1992.

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3

Sarma, B. C. The law of ultra vires. Eastern Law House Private Ltd., 2004.

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4

Great Britain. Department of Trade and Industry. Reform of the ultra vires rule: Aconsultative document. Dept, Trade &Industry, 1986.

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5

Commission, Scottish Law. Recovery of ultra vires public authority receipts and disbursements. The Commission, 1996.

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6

Great Britain. Department of Trade and Industry. Reform of the ultra vires rule: A consultative document. Department of Trade and Industry, 1986.

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7

Administrative law. 5th ed. LexisNexis Butterworths, 2004.

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8

Ardagh, Anne. Administrative law. 2nd ed. Edited by Young P. W. LBC Information Services, 1999.

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9

Ardagh, Anne. Administrative law. LexisNexis Butterworths, 2015.

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10

Gil, Amparo Sanjosé. Les actes des organisations internationales contraires à leur constitution: Le cas de l'ONU. Institut universitaire de hautes études internationales, 1986.

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11

Blake, S. H. The teaching of religious knowledge in University College ultra vires. s.n., 1995.

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12

Elgers, R. W. De gebondenheid van de vennootschap: Doeloverschrijding en vertegenwoordiging : ultra vires and agency. Erasmus Universiteit Rotterdam, 1987.

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13

Fernando Martínez García de León. Los actos ilícitos ultra vires y la protección de la apariencia jurídica: Un estudio y caso práctico sobre ... Miguel Angel Porrúa, 2004.

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14

Lajus-Thizon, Emmanuelle. L'abus en droit pénal. Dalloz, 2011.

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15

Groenewald, Th. Doeloverschrijding bij NV en BV. Kluwer, 2001.

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16

Fischer, Christophe. La responsabilité internationale de l'état pour les comportements ultra vires de ses organes. Impr. Chabloz, 1993.

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17

Commission, Scottish Law. Recovery of benefits conferred under error of law. The Commission, 1993.

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18

Commission, Scottish Law. Recovery of benefits conferred under error of law. HMSO, 1993.

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19

Commission, Scottish Law. Judicial abolition of the error of law rule and its aftermath. The Commission, 1996.

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20

Commission, Scottish Law. Judicial abolition of the error of law rule and its aftermath. The Commission, 1996.

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21

Gumpert, Tilmann von. Rechtsfolgen einer Überschreitung des Unternehmensgegenstandes im Gemeinschaftsprivatrecht: Eine rechtsvergleichende Untersuchung zum Gesellschafter- und Verkehrsschutz anhand des deutschen und englischen Kapitalgesellschaftsrechts. Nomos, 2002.

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22

Zum präventiven Rechtsschutz gegen ultra-vires-Handlungen öffentlich-rechtlicher Zwangsverbände: Unter besonderer Berücksichtigung der Finanzierung sozial indizierter Schwangerschaftsabbrüche durch die gesetzliche Krankenversicherung. P. Lang, 1990.

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23

Rau, K. V. Padmanabha. Company law of Malaysia: Shares, meetings, receivers, and managers. International Law Book Services, 2003.

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24

Rau, K. V. Padmanabha. Company law of Malaysia: Incorporation and management. International Law Book Services, 2003.

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25

Commission, Law. Restitution: Mistakes of law & ultra vires public authority receipts & payments : report on a reference under section 3(1)(e) of the Law Commissions Act 1965. HMSO, 1994.

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26

Great Britain. Lord Chancellor's Dept., ed. Restitution: Mistakes of law and ultra vires public authority receipts and payments : report on a reference under section 3(1)(e) of the Law Commissions Act 1965. H.M.S.O., 1994.

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27

Handeln "ultra vires" der Europäischen Gemeinschaft: Eine Darstellung der Rechtsfolgen aus der Sicht des Völkerrechts, des Europäischen Unionsrechts und des deutschen Verfassungsrechts unter besonderer Berücksichtigung der bundesverfassungsgerichtlichen Rechtsschutzmöglichkeiten. Peter Lang, 2001.

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28

Council, Canada Privy, ed. Canadian companies incorporation and the doctrine of ultra vires in the light of Privy Council decisions. Financial Times Press, 1994.

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29

Dignam, Alan, and John Lowry. 12. The constitution of the company: dealing with outsiders. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0012.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
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30

Dignam, Alan, and John Lowry. 12. The constitution of the company: dealing with outsiders. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1173.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
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31

Burris, Scott, Micah L. Berman, Matthew Penn, and, and Tara Ramanathan Holiday. Administrative Challenges. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190681050.003.0014.

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This chapter introduces the basic elements of administrative law and some key related legal doctrines. It covers administrative procedures acts that govern how agencies make or promulgate regulations and the rights of the public to have input. It then addresses the law governing legal challenges to the validity of the rules that agencies succeed in issuing, such as the ultra vires doctrine, and how agencies defend their decisions through legal doctrines such as Chevron deference. Finally, the chapter discusses how people establish standing to challenge agency actions, both through administrative channels and via the writ of habeas corpus.
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32

Brown, Alexander. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.003.0001.

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Section I tries to identify some of the hallmarks of legitimate expectations, as a general concept, and to say something as to how it might be contrasted from the concept of reasonable expectations. Section II outlines key features of the legal doctrine of legitimate expectations, including the ostensible purpose of the doctrine, the distinction between procedural and substantive legitimate expectations, the scope of the doctrine, the circumstances, ways, or modes of legitimate expectations coming into being, the place of reliance, the distinction between intra vires and ultra vires governmental conduct, and the underpinning legal values, ideals, or standards. Section III sets the scene for the Responsibility-Based Account. Section IV introduces the question of remedies for frustrated legitimate expectations, distinguishes between four basic approaches, and defends an approach of liability. Finally, Section V articulates in more detail the idea of normatively supporting or grounding principles of administrative justice.
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33

McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 19. Co-ownership and priorities:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0019.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the priority rules applicable where co-owned land is sold or mortgaged. It concentrates on overreaching.. It is theorised that s 27(1) of the Law of the Property Act 1925 (LPA 1925) provides the basis of overreaching. Other theories include that the basis of overreaching lies in the doctrine of conversion and the trustees’ powers of disposition. The chapter considers the preconditions for overreaching to take place and the practical division that arises between trusts with one and two (or more) trustees. The chapter explores the contentious question of the effect on overreaching where a transaction constitutes an intra vires or ultra vires breach of trust and the protection available to purchasers in those circumstances where a breach of trust precludes overreaching.
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34

Jan, Wouters, and Odermatt Jed. 2 Legal Powers, 2.3 Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter) , International Court of Justice, Advisory Opinion, [1962] ICJ Rep 151. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0012.

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The International Court of Justice’s 1962 Advisory Opinion Certain Expenses of the United Nations relates to a relatively narrow legal question. The Court was asked to decide whether expenses authoriszed by the UN General Assembly relating to peacekeeping missions constituted ‘expenses of the organization’ according to art. 17(2) of the UN Charter. In deciding this question, the Court elaborates on some important issues for international law and the law of international organizations including the doctrine of implied powers, treaty interpretation in the context of the UN Charter, the doctrine of ultra vires, and the Court’s relationship with other UN organs. The opinion also has consequences for the UN General Assembly, including its role in the system of collective security, its budgetary powers, and its relationship with the UN Security Council. The chapter not only examines the Court’s reasoning but also discusses the wider significance of the case for international law.
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35

Schlink, Clemens. Die Ultra-Vires-Lehre Im Englischen Privatrecht. de Gruyter GmbH, Walter, 2017.

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36

Los Actos Ilicitos Ultra Vires y La Proteccion de La Apariencia Juridica: Un Estudio y Caso Practico Sobre ... Not Avail, 2004.

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37

Hopkins, Bruce R. Ultra Vires: Why the IRS Lacks the Jurisdiction and Authority to Regulate Nonprofit Governance. Lawbook Exchange Ltd, 2017.

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38

Regulation 17 ultra vires: Argument of Hon. N.A. Belcourt before the Supreme Court of Ontario, November 2nd, 1914. s.n., 1994.

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39

Brown, Alexander. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812753.003.0008.

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Section I explains some of the implications of my Responsibility-Based Account, including what courts should or should not recognize as circumstances, ways, or modes of legitimate expectations coming into being, not least when expectations are about or based on ultra vires governmental conduct. It also explains some of the implications of my theory of administrative liability, including for cases in which expectations are about or based on intra vires governmental conduct. And it explains some of the implications of my pluralistic explanation of why the principles of administrative justice hold in terms of how likely it is that the principles will hold across a variety of circumstances. Section II delves more deeply into the special position of public bodies, such as local government councils, that can become both bearers and creators of legitimate expectations. Finally, Section III provides an account of the logical relationship between different parts of my theory.
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40

Roger, Mccormick, and Stears Chris. Part VI Early Perceptions of Legal Risk, 20 A Landmark Case and its Aftermath. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0021.

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This chapter discusses the case of Hazell v Hammersmith and Fulham London Borough Council, which had a profound effect on how the City of London perceived the dangers posed by legal risk. It involved a House of Lords decision on an ultra vires point — specifically, the power of the council in question to enter into ‘swap’ transactions. The case arose because this power was challenged by the auditor appointed by the Audit Commission. The surrounding circumstances and the unprecedented manner in which the City of London responded to the case provide both the classic case study and a historical explanation of why legal risk is seen to be so important and how seriously it is taken by those concerned with orderly financial markets.
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41

French, Derek. 19. Acting for a company: agency and attribution. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0019.

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This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.
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42

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 19. Acting for a company: agency and attribution. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0019.

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This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.
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43

Kevin Jon, Heller. Part V Fairness and Expeditiousness of ICC Proceedings, 39 ‘A Stick to Hit the Accused With’: The Legal Recharacterization of Facts under Regulation 55. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0039.

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This Chapter provides a comprehensive critique of Regulation 55 at the ICC which regulates the legal characterization of facts in the ICC context. Regulation 55 has been applied in multiple cases at the ICC, including pre-trial and trial (e.g. Katanga and Ngudjolo Chui). This contribution argues that the adoption of Regulation 55 was ultra vires, because the Regulation does not involve a ‘routine function’ of the Court and is inconsistent with the Rome Statute’s procedures for amending charges. It explains why, contrary to the practice of the Pre-Trial Chamber and Trial Chamber, Regulation 55 cannot be applied either prior to trial or after trial has ended. Finally, it demonstrates that the Pre-Trial Chamber and Trial Chamber have applied Regulation 55 in ways that undermine both prosecutorial independence and the accused’s right to a fair trial.
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44

Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 9 Powers. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0009.

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This chapter examines the powers or competences of the United Nations as a separate legal entity. Its possession of legal personality, its specialized agencies, and some of the separate legal entities in the UN family are concepts that are related but distinct from the powers of these bodies. The possession of international legal personality means that these bodies have their own rights and duties, and powers vested in them in their own right. However, the possession of legal personality does not define the particular powers of the organization, nor does it mean that they have plenary competence under international law or in municipal legal systems. The chapter discusses the relationship to legal personality; nature and scope; purposes and principles of the organization; division of competence between principal organs and subsidiary organs; domestic jurisdiction limitation of Article 2(7); substantive content of powers internationally and in domestic law; consequences of ultra vires acts.
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