- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Relevance of the Salomon v. Salomon Case
'Salomon v Salomon is an outdated case with little relevance to modern
Salomon v Salomon served to establish the principle of corporate
personality that 'forms the cornerstone of company law.' It is my
contention that despite various attempts by both the legislature and
the judiciary to circumvent the principle, this 'cornerstone' has not
been eroded, rather, it forms the very foundations of modern company
Salomon v Salomon was and still is a landmark case. By confirming the
legitimacy of Mr Salomon's company the House of Lords put forward the
concept of separate corporate personality and limited liability.
Inextricably linked with this ratio is an acknowledgement of the
importance of certainty within the law, thus separate corporate
personality becomes a concrete principle to which the law must adhere.
Salomon v Salomon is followed in subsequent cases, notably Macaura v
Northern Assurance Co. and Lee v Lee's Air Farming Ltd. These
cases highlight the reality of the separate corporate identity and
take it a step further in stressing the distinction between a
company's identity and that of 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', an object that is 'cleansed and
emptied of its shareholders.'
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'. Questions soon arise ...
... middle of paper ...
...  Farrar (1998) chap. 7
 Salomon v Salomon
 Lennards Carrying Co Ltd v Asiatic Petroleum Co. AC 153
 As occurred in Daimler v Continental Tyres  1 KB 893.
 As quoted by F. Moghadam in QMWLJ 1 p36.
 . Gilford Motor Co. v Horne 
 Food Distributors v Tower Hamlets ( 3 All ER
  3 WLR 492.
 cf. Gallagher and Zeigler 1990
  1 All ER 929
  2 All ER 433
  1 All ER 929
  BCLC 447
  BCLC 333 at p337.
  BCLC 480
  1 WLR 830
 Cf Ord v Belhaven.
  AC 854
 Cf Companies Act 1985
 cf. S213, 214 Insolvency Act 1986.
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