5/8/2011 Salomon v Salomon Co Ltd Questions: What was the outcome of the case? What outcome do you think would be just? What's the stark difference of opinion between the House of Lords and the Court of Appeal in Salomon? Was Lord Macnaghten fair to say that unscured creditors "have only themselves to blame for their misfortures"? Is Salomon a "calamitous decision"?[O Kahn-Freund (1944)7 MLR 54] 11 Salomon v Salomon Co Ltd Questions: Consider what could have been the legislature's intention in requiring a minimum of 7 members? Between the Court of Appeal and the House of Lords,which is trying to be more faithful to the purpose or the spirit of the CA 1862?Should judges be concerned with legislative purpose? Which is more sympathetic (or whose approach is more helpful)to creditors? 65/8/2011 6 Salomon v Salomon & Co Ltd Questions:  What was the outcome of the case?  What outcome do you think would be just?  What’s the stark difference of opinion between the House of Lords and the Court of Appeal in Salomon?  Was Lord Macnaghten fair to say that unscured creditors “have only themselves to blame for their misfortures”?  Is Salomon a “calamitous decision”? [O Kahn-Freund (1944) 7 MLR 54] 11 Salomon v Salomon & Co Ltd Questions:  Consider what could have been the legislature’s intention in requiring a minimum of 7 members?  Between the Court of Appeal and the House of Lords, which is trying to be more faithful to the purpose or the spirit of the CA 1862? Should judges be concerned with legislative purpose?  Which is more sympathetic (or whose approach is more helpful) to creditors? 12