University of Venda –  Department Of Mercantile And Private Law

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Assignment Details:

  • Module: Commercial Law
  • Module Code: Col 264141
  • Words : 2500




A company is regarded to have a separate legal entity under the new Companies Act 71 of 2008.This means that the company can transact, contract, sue and be sued in its own name. Historically, directors and shareholders would hide under the company for any fraudulent activities or transactions by relying on the separate juristic personality. The courts have developed a doctrine which disregards this separate juristic personality.

  • Name and briefly define the doctrine developed by the courts to disregard the separate juristic personality (5)
  • With reference to case law fully discuss the common law purpose and the scope of (45)