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Assumptions in Solomon Vs Solomon case law

Assumptions in Solomon Vs Solomon case law

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The widely held assumption that Salomon & Co Ltd was in fact, if not in law, a ‘one-man company’ rests on a particular reading of the family’s internal relations, in particular Salomon’s presumed status as unchallenged patriarch. The family has been presumed to be transparently the creature of Salomon’s will, and this has warranted a parallel reading of the company.

The case of Salomon v Salomon & Co Ltd was the first significant recognition by the law of a company owned by a family. Yet the participation of the family was ignored. Aron Salomon was identified as the only human legal subject and the issue for consideration by the Court of Appeal, House of Lords and one hundred years of legal scholars was whether legal personality could be conferred upon the ‘one person company’.

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