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Words: | Submitted: Fri Jan 28 2005
... its shareholders. In effect Salomon's principle as confirmed by Macaura v Northern Assurance Co. and Lee v Lee's Air Farming Ltd. helps form an image of a corporation as a 'depersonalised conception'[5], an object that is 'cleansed and emptied of its shareholders.'[6] Yet the concept of an incorporated company as a separate legal person causes some difficulties, for surely all 'legal personality is in a sense fiction'.[7] Questions soon arise as to the exact nature of this legal personality, and consequently measures are taken to mitigate its effects. Although a corporation is, as per Lord Halsbury, to 'be treated like any other person with its rights and liabilities appropriate to itself'[8] this is surely impossible. The idea of a separate legal person has been pushed to its limits, and despite a corporation being capable of some crime - whereby the mental state of a person who is 'the directing mind and ...
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