Ultra vires: Difference between revisions
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A [[Latinism]] meaning ''beyond its powers'', which crops up usually in the context of a [[corporation]] or governmental authority exceeding the powers and objects set out in its [[memorandum and articles of association]] or charter. Also of some relevance also to a [[Trust]]. | {{g}}A [[Latinism]] meaning ''beyond its powers'', which crops up usually in the context of a [[corporation]] or governmental authority exceeding the powers and objects set out in its [[memorandum and articles of association]] or charter. Also of some relevance also to a [[Trust]]. | ||
In that most valuable and intellectually rewarding pastime of checking a combatant's {{tag|capacity and authority}}, ultra vires is the principle concern should it not have the capacity to transact in your chose kind of {{tag|derivative}}. These days it is a rather old fashioned notion as far as a corporation goes — in most sensible jurisdicitons it has been partly or entirely ruled out by legislation, but it is liable to induce butterflies if one is dealing with a [[local authority]]. | In that most valuable and intellectually rewarding pastime of checking a combatant's {{tag|capacity and authority}}, ultra vires is the principle concern should it not have the capacity to transact in your chose kind of {{tag|derivative}}. These days it is a rather old fashioned notion as far as a corporation goes — in most sensible jurisdicitons it has been partly or entirely ruled out by legislation, but it is liable to induce butterflies if one is dealing with a [[local authority]]. | ||
===Sovereign immunity and ultra vires: not the same=== | |||
{{Sovereign immunity and ultra vires}} | |||
===Don't mention=== | ===Don't mention=== | ||
[[derivatives]] and [http://www.nytimes.com/1994/12/08/business/orange-county-s-bankruptcy-the-temptations-the-search-for-municipal-cowboys.html Orange County] or [[Hammersmith and Fulham council]] | [[derivatives]] and [http://www.nytimes.com/1994/12/08/business/orange-county-s-bankruptcy-the-temptations-the-search-for-municipal-cowboys.html Orange County] or [[Hammersmith and Fulham council]] | ||
Revision as of 11:06, 24 July 2019
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A Latinism meaning beyond its powers, which crops up usually in the context of a corporation or governmental authority exceeding the powers and objects set out in its memorandum and articles of association or charter. Also of some relevance also to a Trust.
In that most valuable and intellectually rewarding pastime of checking a combatant's capacity and authority, ultra vires is the principle concern should it not have the capacity to transact in your chose kind of derivative. These days it is a rather old fashioned notion as far as a corporation goes — in most sensible jurisdicitons it has been partly or entirely ruled out by legislation, but it is liable to induce butterflies if one is dealing with a local authority.
Sovereign immunity and ultra vires: not the same
Don’t confuse sovereign immunity with ultra vires — cue thunder crack at the mention of Orange County or Hammersmith and Fulham council and a dramatic look from our house gopher — for they are quite different things.
- Ultra vires: If a contract is beyond your powers or capacity to enter into a contract in the first place then it is void ab initio; any payments you have made under that contract are also void and you may reclaim them[1], and you can appeal to the court system to do that. That is to say, ultra vires is an “intra-legal” measure, recognised, defended and enforced by the courts.
- Sovereign immunity: Sovereign immunity is a different, “extra-legal” thing: it is to say “I am, quite literally, above the law: I am the law, and I do not have to subject myself to the judicial branch of my law — or anyone else’s law — unless I choose to.” This extends to being free from judicial intervention if I decide not to perform my contractual obligations, but it also means I cannot myself resort to the court process to make my counterparty perform its obligations. If I choose to go to court, then I subject myself fully to the courts as regards actions my counterparty wishes to bring against me.
Don't mention
derivatives and Orange County or Hammersmith and Fulham council
See also
- ↑ But — quid pro quo, Clarice — any profits you have made you must also disgorge.