Reviewed case brief
Eley v Positive Government Security Life Assurance Co
(1876) 1 Ex D 88
The Court of Appeal held that a provision in the articles appointing a named person as the company's solicitor does not create an enforceable contract between that person and the company, because the articles only bind members in their capacity as members.
- Court
- Court of Appeal
- Year
- 1876
- Subjects
- Company Law
- Reviewed
- 2026-06-30
Rule established
The articles of association do not confer enforceable rights on outsiders or on members in a non-member capacity
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
Exchequer Division Reports
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.