Crossing Time's Boundaries: A Comparative View of Legal Responses to the Pre-Incorporation Contract

Omar, Paul (2005) Crossing Time's Boundaries: A Comparative View of Legal Responses to the Pre-Incorporation Contract. Singapore Journal of Legal Studies, 48. pp. 76-92. ISSN 0218-2173

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Abstract

This article outlines the problems attendant on the conclusion of contracts intended to be performed by a company, though entered into by a promoter or interested party before the company's formation. Such pre-incorporation contracts, widely used as a vehicle for obliging co-contractants, are nonetheless not without difficulties, notably in cases where liability for performance or non-performance is at issue. It is the purpose of this article to take a comparative view of how these questions have been dealt with in a number of Commonwealth countries, including the United Kingdom, as well as in Europe, where the company law harmonisation initiative has attempted to create a unique rule to apply to both common law and civil law jurisdictions.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Paul Omar
Date Deposited: 06 Feb 2012 21:10
Last Modified: 06 Feb 2012 22:05
URI: http://srodev.sussex.ac.uk/id/eprint/29930
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