It is said, this, though not an agreement in itself, is at all events a statement of what had been agreed upon; it must have been intended to be brought to the plaintiff's knowledge, he has accepted and acted upon it, and therefore it is evidence of another agreement on which he can rely. Eley v Positive Government Security Life Assurance Co Ltd. (1875) 1 Ex D 88. https://lawcasesummaries.com/knowledge-base/eley-v-positive-government-security-life-assurance-co … They are an agreement inter socios, and in that view, if the introductory words are applied to Art. The Exchequer Division held the articles did not create any contract between Eley and the company. Positive Government Security Life Assurance C. Ltd. I prefer to reserve my judgment on the validity of such an agreement until a case arises which calls for a decision on that point. Companies’ articles stated Mr E shall be solicitor and shall not be removed except for misconduct. Article 118 of the company’s constitution stated “. Eley v Positive Government Security Life Assurance Co Ltd (1876) 1 Ex D 88. Article 118 of the company’s constitution stated “Mr William Eley of 27 New Broad Street, City of London, shall be the solicitor to the company…“. https://en.wikipedia.org/w/index.php?title=Eley_v_Positive_Government_Security_Life_Assurance_Co_Ltd&oldid=855713370, Creative Commons Attribution-ShareAlike License, This page was last edited on 20 August 2018, at 09:38. 118 would have warranted the directors in entering into an agreement with the plaintiff by which they should contract to employ the plaintiff; but I ask, was such a contract ever made? He was a member, but he brought an action to enforce the articles in his capacity as a solicitor. Nothing of the kind exists here; and if the article is not an agreement on which the plaintiff can rely, there is nothing in the case before us but the fact of his employment, and that would entitle him to remuneration only for work he has done. This case was first rested on the 118th Article. Eley v Positive Government Security Life Assurance Co (LH93): a solicitor was unable to force the constitution which provides for his engagement as a solicitor Because it’s not in the capacity being a member. Eley v Positive Government Security Life Assurance Co Ltd (1876) 1 Ex D 88 is a UK company law case, concerning a company's articles of association as a contract between member and company. Eley v Positive Government Security Life Insurance Association [1876] 1 Ex D 88. Eley v Positive Government Security Life Insurance Association [1876] 1 Ex D 88. When company used other solicitor, Mr E sued for breach of contract. But then the company never employed him as its solicitor. D. 881case, the plaintiff was a member of the company and was also employed as the company’s solicitor. Now it may be considered that Art. No doubt he thought that by inserting it he was making his employment safe as against the company; but his relying on that view of the law does not alter the legal effect of the articles. Mr E himself had drafted articles. This seems to us to dispose of the whole of the case; and I think that, irrespective of any question on the Statute of Frauds , the judgment of the Court below must be affirmed. The Exchequer Division held the articles did not create any contract between Eley and the company. His brief judgment was as follows. He was a member, but he brought an action to enforce the articles in his capacity as a solicitor. Eley was a member who was also employed as the company’s solicitor. Eley v Positive Government Security Life Assurance Co Ltd (1875) 1 Ex D 88 is a UK company law case, concerning a company's articles of association as a contract between member and company. Some times after the company’s incorporation, Eley was employed as solicitor and he became a member of the company. In Eley v Positive Government Security Life Assurance Ltd, the Articles provided that Eley becomes the company’s solicitor and transact all the legal business of the company for the usual fees and charges.
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