Lee v lee s air farming

There would exist no power of control and therefore the relationship of master-servant was not created. Therefore, he became in effect both employer and worker. The company had the right to decide what contracts for aerial top-dressing it would enter into.

Lee v lee family law

He was the managing director, but by profession a pilot. Mr Lee held of shares, was the sole director and employed as the chief pilot. There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. North J said [2] "the two offices are clearly incompatible. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. There appears to be no great difficulty in holding that a man acting in one capacity can make a contract with himself in another capacity. It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company. The company was a separate legal person.

It spread fertilisers on farmland from the air, known as top dressing. The Court of Appeal of New Zealand said Lee could not be a worker when he was in effect also the employer. He was killed in a plane crash. But this approach does not give effect to the circumstance that it would be the company and not the deceased that would be giving the orders.

North J said[2] "the two offices are clearly incompatible.

macaura v northern assurance co ltd

It is well established that the mere fact that someone is a director of a company is no impediment to his entering into a contract to serve the company.

Mr Lee held of shares, was the sole director and employed as the chief pilot. He was killed in a plane crash. One of his first acts was to appoint himself the only pilot of the company, for, although article 33 foreshadowed this appointment, yet a contract could only spring into existence after the company had been incorporated.

Control would remain with the company whoever might be the agent of the company to exercise

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Lee v Lee's Air Farming Ltd