Magoosh GRE

Tag: Rule

Anti-Deprivation Rule – Exam Notes

Anti-Deprivation Rule – Exam Notes

| May 9, 2012 | 0 Comments

The anti-deprivation rule, also known as the subordination or flipping rule, is a common law rule of public interest where one party cannot contractually agree that his assets on insolvency will become property of another party.

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“The doctrine of ‘separate legal personality’, as embodied in Salomon v Salomon & Co Ltd [1897] AC 22, has been fatally undermined by the number of subsequent exceptions to it.”

“The doctrine of ‘separate legal personality’, as embodied in Salomon v Salomon & Co Ltd [1897] AC 22, has been fatally undermined by the number of subsequent exceptions to it.”

| April 20, 2012 | 0 Comments

Some argue that the doctrine in Salomon has been fatally undermined by the number of subsequent exceptions to it. This essay looks at the various exceptions, including statutory and judicial and decides the consequence of them on the doctrine. It is argued that statutory exceptions do not undermine the principle in Salomon as they do […]

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