Principle

COMPANY LAW β€” Corporate Litigation β€” Authority to Institute Action β€” Presumption of Authority and Burden of Proof

Area of law
COMPANY LAW
Court
Supreme Court

A company's authority to sue is presumed. The party challenging authority bears the burden of proving lack of authority. The defendant must adduce evidence to rebut the presumption. The principle protects companies from unnecessary litigation over their capacity to sue. The court will not require…

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