The question (15 marks)
Explain the rule in Foss v. Harbottle and its exceptions. To what extent do ss. 241 to 245 of the Companies Act 2013 supplement it? (15 marks)
MU Module 3, majority rule and minority protection.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Directors, the Board and Minority Protection of Company Law.
Authorities you will need
- Foss v. Harbottle (1843) 2 Hare 461
- Bharat Insurance Co. Ltd v. Kanhaya Lal Gauba
- Burland v. Earle (1902) AC 83
- Shanti Prasad Jain v. Kalinga Tubes Ltd.
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.