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    shannypooh's Avatar
    shannypooh Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Sep 24, 2007, 08:24 AM
    Daimler Company v Continental Tyre [1916] 2 AC 307
    I am having a problem understanding the case and its relation to piercing the corporate veil. Can I get an explanation please

    Thank u
    Shannypooh
    jsaniya's Avatar
    jsaniya Posts: 1, Reputation: 2
    New Member
    		  
    #2

    Sep 26, 2009, 07:56 AM
    Daimler Co Ltd v Continental Tyre and Rubber (GB) Ltd (1916)
    C sued D for debts owing. C was a UK company; however all
    Shareholders but one) were German. D argued that they should not pay
    The debt to German individuals to prevent money going towards
    Germany's war effort. The court held that C was German.
    rehmanvohra's Avatar
    rehmanvohra Posts: 739, Reputation: 27
    Senior Member
    		  
    #3

    Oct 2, 2009, 12:41 AM

    I wish to reproduce from the study text prepared by BPP.

    In time of war it is not permitted to trade with 'enemy aliens'. The courts may draw aside the veil if, despite a company being registered in the United Kingdom, it is suspected that it is controlled by the aliens. The court may then determine the owners' nationality.

    The facts are correctly stated by jasniya. However, the court held that the plaintiff "D need not discharge a debt to the defendants since the effective control of the latter "C" was in enemy hands and hence to do so would be to trade with the enemy.
    jlkwarteng's Avatar
    jlkwarteng Posts: 1, Reputation: 1
    New Member
    		  
    #4

    Dec 10, 2010, 03:50 AM
    Lifting of the corporate veil basically occurs when the courts refuse to looks at the technical aspects of the case in relation to the laws of the land but look at the real facts of the matter by going beyond the corporate veil to look at those who constitute the company i.e. members and Directors.
    pbschand's Avatar
    pbschand Posts: 1, Reputation: 1
    New Member
    		  
    #5

    Jul 24, 2012, 10:08 AM
    Helpful
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 24, 2012, 12:41 PM
    Quote Originally Posted by pbschand View Post
    helpful
    Really? Helpful even if incorrect? The post dated Dec 10, 2010 is not exactly accurate. It's not that limited liablility for owners of a company is a "technical aspects of the case in relation to the laws of the land", it is the law of the land. :)
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #7

    Jul 24, 2012, 04:24 PM
    Quote Originally Posted by pbschand View Post
    helpful

    Don't take legal advice from people who can barely spell and definitely can't use punctuation.
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