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Directing Mind and Under the Common Law

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Added on  2020-04-01

Directing Mind and Under the Common Law

   Added on 2020-04-01

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Directing mind and willUnder the common law, the conduct of particular person who is related with the company, can beattributed to the company if it can be said that the person is the directing mind and will ofcompany. This needs to be established on the basis of the facts of the case. Therefore, merely onthe basis of the fact that a particular person is a director of the company, it cannot be inferred thatsuch person is the directing mind and will of the company. The Australian law is mainly basedon the principle of "directing mind and will" as in this case, natural persons can be considered asthe embodiment of the corporation (Dewey, 1926). This is particularly true in view of the casesdecided by the high court with the reasoning of Lord Reid adopted in Tesco Supermarkets Ltd. vNattras was followed. In this way, the directing mind and will of the company can be describedas a person working at a senior position in the company whose authority to perform as directedand for the benefit of the company, has been derived of the board of directors of the company(Gobert, 1994). In order to identify the directing mind and will of a particular company, it is required that thebetter person who has the management and control regarding the act in question, needs to beidentified.
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