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mike this means in some circumstances the court may use lifting the doctrine of incorporation or separate entity concept where they feel that defendent is unreasonably or concealing the true facts under this concept such as sell of asset to company to avoid obligations
mike is i am correct“such as sell of asset to company to avoid obligations” poor example
It’s a very rare occurrence that the court is prepared to lift the veil. The examples given in the video lectures are more than enough for your needs and you’re not going to get a chance to discuss the niceties of these situations in the exam! The exam is “tick a box” – no chance for illustrating deep and meaningful understanding of the intricacies of English Law
HI,
I am studying for the June 2017 exam.
I have gotten the study text and revision kit from BPP however I do not see any mention of the lifting the veil or the cases (Gilford motor co v Home) mentioned in the study texts.I have noticed that also in the syllabus it mentions that students should make reference to cases, however I cannot find any of the cases on the acca global site.
Is this still accurate for the 2017 exams? Or are we not required anymore to read the cases?
Thanks
Here’s what the ACCA says about cases …
“NOTE ON CASE LAW Candidates should support their answers on the paper- based multi-task questions with analysis referring to cases or examples. There is no need to detail the facts of the case. Remember, it is the point of law that the case establishes that is important, although knowing the facts of cases can be helpful as sometimes questions include scenarios based on well-known cases. Further it is not necessary to quote section numbers of Acts.”
“Or are we not required anymore to read the cases” – as you can see, it’s not a requirement to read the cases … but it could help!
“I have gotten the study text” – such is the American influence! “Gotten????”
“I do not see any mention of the lifting the veil”
Section D3d of the syllabus … “d) Illustrate the effect of separate personality and the veil of incorporation”
and D3e “e) Recognise instances where separate personality will be ignored (lifting the veil of incorporation)”
“I cannot find any of the cases on the acca global site” – you won’t find any cases on the ACCAglobal website – it’s not there as a teaching aid. You should find appropriate cases in the study material
OK?
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