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Directing mind and will of a corporation

   

Added on  2020-04-07

3 Pages735 Words173 Views
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Directing mind and willAccording to the corporations’ law, when a particular person is related with the company, theconduct of such person can be considered as the conduct of the company if the person can beconceded as the directing mind and will of the corporation. After considering the facts of eachcase, it can be concluded that the person is the directing mind and will of the corporation(Hansmann, Kraakman and Squire, 2006). Hence, it cannot be inferred only due to the fact that aparticular person is acting as the director of the corporation, data person is the directing mind andwill of such company. The principle of directing mind and will has been incorporated in theAustralian corporations law. In such cases, it can be considered that natural person is anembodiment of the company. This has been followed by the High Court in a number of caseswhere it has adopted the reasoning of Lord Reid that was applied by the court in TescoSupermarkets Ltd. v Nattras (1971). Under the circumstances, it is clear that a person acting at asenior position in the corporation can be described as the directing mind and will commence aperson has the authority to perform as directed and in the interests of the corporation, theauthority has been conferred on a person by the board of directors. For the purpose of identifyingthe directing mind and billing case of a particular corporation, it is necessary that the persontaking care of the management and control concerning the act in question should be identified(Dewey, 1926).
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