The Doctrine of Holding out/Estoppel

The doctrine of estoppel is a rule of evidence that prevents a person from denying a statement or fact that
they made another person believe. The doctrine of holding out is an application of the principle of
estoppel.
Holding out is when someone's conduct leads another person to believe that they have an authority
that doesn't exist. It essentials are
1: Representation
2: Knowledge of Representation
It imposes liability on an individual who, through words, conduct or silence, represents themselves as
a partner in a business. Partner by estoppel may be held liable for the losses incurred by the third party
which acted in good faith on such representation.
Partner by estoppel made liable as a partner. However, that person cannot claim any right in the
firm’s property and his rights will be limited to the representation only.
Doctrine of holding out basically refers to an act or omission of the act which led others to
believe that the person is a partner of the company and has authority and hence in this faith they made an
agreement while in actual he does not have.

The Doctrine of Constructive Notice

In companies law, where all persons dealing with a company are deemed (or "construed") to have
knowledge of the company's articles of association and memorandum of association. This is true even if
the person doesn't read the documents.
Constructive notice as “the knowledge which law implies the party to have had, whether he actually
had it or not.”
It serves as an official notification of unique data concerning the MOA and AOA. It provides a
safeguard to the company from the outsider person and vice versa. It helps in the prevention of unfair and
wrongful trade practices. The main aim of the doctrine is to disallow claims of any individual that he was
unaware of the company’s regulations, in case he files a suit against the company.
The Doctrine of Indore management
The doctrine of indoor management, also known as Turquand's Rule, is a concept that protects outsiders
from the actions of a company. It's based on the idea that what happens internally in a company is not a
matter of public knowledge.
Any person who enters into a contract with the company shall ensure that the transaction is
authorized by the articles and memorandum of the company, and the company shall be held liable since
the person has acted on the grounds of good faith.
Exception:
Forgery
Suspicion of irregularity
Knowledge of Irregularity
The Doctrine of Usufruct:
Combination of two words
Usus: The right to use or enjoy a thing possessed, directly and without altering it
Fructus: The right to derive profit from a thing possessed.
Usufruct is the right to use and benefit from a property, while the ownership of which belongs to
another person. The person who enjoys the usufruct is called the usufructuary.
A usufruct is a legal right accorded to a person or party that confers the temporary right to use
and derive income or benefit from someone else's property. A usufructuary is the person holding the
property by usufruct.
There are two types of usufruct
1: perfect and 2: imperfect.
In perfect usufruct, the usufructuary can use the property, and can profit from it, but cannot change it
in a substantial way.
In an imperfect usufruct system, the usufructuary does have some power to alter the property, such
as when a landowner grants usufruct to a piece of land for agricultural use. The usufructuary may have
the right to produce crops from the land and to make improvements to the land that would aid in that
endeavor.
Essentials:
The right to use the property
The right to benefit from the property (usually in terms of income generated from renting it out)
The responsibility to maintain the condition of the property

Doctrine of Intra vires

The doctrine of intra vires is a Latin term that means "within the powers". It describes an action taken by
a person or body that is within the limits of their authority.
An act carried out by a body (such as a public authority or a company) that is within the limits of the
powers conferred on it by statute or some other constituting document (such as the memorandum and
articles of association of a company).

Doctrine of Ultra vires

The doctrine of ultra vires is a fundamental rule of company law that determines whether a company's
actions are legitimate or illegitimate. The term "ultra vires" comes from the Latin phrase meaning
"beyond the power of".
The doctrine of ultra vires protects the interests of shareholders, creditors, and investors.
Any transaction or activities beyond the scope of the company or the authority endowed upon the
custodian of the company will come under the scope of the doctrine of ultra vires. . In legal terms, it is
applicable only to the acts performed in excess of the legal powers of the doer.

The company cannot sue on an ultra vires transaction. Further, it cannot be sued too.
Estoppel, acquiescence, lapse of time, delay, or ratification cannot make it ‘Intravires’.

Doctrine of consensum ad idem

Latin phrase signifying a “meeting of the minds”, which is a legal concept describing agreement between
parties as to the exact meaning of the terms of a contract. Principle that's the agreement or a meeting of
the minds of all involved parties is required.
The phrase is commonly used to refer to a situation of mutual understanding in the
formation of a contract over the same thing. The absence of meeting of minds, a contract so formed is
void ab initio.
Without consensus ad idem, therefore, a contract may not be legally binding and enforceable.

Doctrine of Nemo quad dot non habeat

Latin phrase that translates to "no one can give what they do not have". It is a legal rule
that states that a person who purchases a possession from someone who does not own it does not have any
ownership title to it.