General Part, Illustrations. (7)
19th Century Sir Frederick Pollock EnglishThe articles of association of a joint stock company provide that “an extraordinary general meeting specially called for the purpose may remove from his office any director for negligence, misconduct in office, or any other reasonable cause.” A., being a director of a company, is charged with misconduct in his office, and an extraordinary special meeting is duly called to consider these charges. A. is summoned to this meeting, but does not attend. The meeting resolves to remove A. from his office. No wrong is done to A., even if, in the opinion of the Court, the charges against him were not well founded.
The rules of a club provide that if in the opinion of the committee the conduct of a member is injurious to the character and interest of the club, the committee may recommend that member to resign, and that if the committee unanimously deem the offence of so grave a character as in the interests of the club to warrant the member’s expulsion, they may suspend him from the use of the club. The committee must not suspend a member under this rule without giving him fair and sufficient notice of the charges against him, and an opportunity of meeting them.
But if, after giving such notice and opportunity, and making reasonable inquiry, the committee, acting in good faith, are of opinion that the conduct of a member is so injurious to the character and interests of the club as to warrant his expulsion, and suspend him accordingly, they do not wrong that member.
- [Stated for consideration.]
A. and B. are members of the same Hindu caste. A. is president of the annual caste feast, to which B. is entitled, according to the usage of the caste, to be invited. A. wilfully, and without reasonable belief in the existence of any cause for which B. ought to be excluded, and without taking any of the steps which, according to usage, ought to be taken before excluding a member of the caste from the feast, causes B. not to be invited, whereby B. suffers in character and reputation. A. has wronged B..
Protection of acts of lawful authority.19. Nothing is a wrong which is done by or by order of a person having lawful authority, and in exercise thereof, to any one for the time being under that authority, provided that the authority is exercised in good faith, without using excessive force, and in a regular, or in default of applicable rule or custom, an usual and reasonable manner.