Reviewed case brief
Attorney General v Great Eastern Railway Co
(1880) 5 App Cas 473
The House of Lords established the doctrine of incidental or ancillary powers. While reaffirming the ultra vires doctrine, Lord Selborne held that it must be applied reasonably — a company has implied authority to do not only what is expressly authorised but also whatever is fairly incidental to or
- Court
- House of Lords
- Year
- 1880
- Subjects
- Company Law
- Reviewed
- 2026-06-30
Rule established
A company has implied power to do everything fairly incidental to or consequential upon its expressly stated objects; the doctrine of ultra vires should not be applied unreasonably to destroy the useful transactions of a company.
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
(1880) 5 App Cas 473
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.