Ultra Vires Of Agreement
The last sentence is the key to the distinction. As in Smith v. Epping, « a party that relies on the representations of a government official is in danger that the official acted in an ultra vires manner. » 124 N.H. to 470. In other words, it is not reasonable to rely on the statement of a public servant who does not have the power to act on this issue. However, a bad decision of the good public servant is not ultra vires. Estoppel may prevent the municipality from correcting the decision in such a case. See Aranosian Oil Co., Inc. v.
Portsmouth, 136 N.H. 57 (1992), where the developer made significant improvements based on the code agent`s agreement before the official attempted to reverse the decision. On the other hand, it is not wise to rely on the highway officer`s approval of a paving plan contrary to the land use regulations. Healey v. New Durham, 140 N.H. 232 (1995). The roots of the term are of a Latin expression that means beyond power. It`s the opposite of under good authority – intra vires. You will also find this term in the bar. What struck me when I read the MFS case and refreshed my memory of all the ultra-virverse decisions of the past, is that, although there has been a truly comprehensive review of the Vires case law, there has been only one leaking mention of one of the most important weapons provided by Parliament for the effects and consequences of the ultravires doctrine on local government – the Local Government Act (treated) of 1997 (hereafter the Local Government Act) Act 1997 ) – to the Act of 1997. I have always been fascinated by the doctrine of Ultravires and its effects, especially in the local government environment.
This Latin expression may have a Gothic quality, as it is rooted in 19th-century judicial jurisprudence, coupled with the fact that it always comes back to life to frighten the living daylight of the commercial sector and those who, in good faith, deal with local authorities. Whenever the legislature thinks it has conquered this relic of the past, it strikes again to sink its virtual teeth into the area – the local government`s own « Count Dracula! » A. No. The Court of Justice has ruled that it is not ultra vires to rent communal property that is not currently necessary for communal purposes. Meredith v. Fullerton, 83 N.H. 124 (1927); Curtis v. Portsmouth, 67 N.H.
506 (1894). Other types of activities that are « secondary » to municipal government operations are not ultravires. For example, in the well-known case of Clapp v. Jaffrey, 97 N.H. 456 (1952), the court found that private ploughing through the city is an ultra-vires activity, unless (1) it is only incidental for ploughing highways and (2) the city is paid the actual marginal costs for ploughing next to private property. Historically, all companies in the United Kingdom were subject to the doctrine of ultravires and any act that was not included in the objects mentioned in a company`s founding agreement would be ultra vires and not avenue.  This result was not marketable and led to the creation of companies with extremely broad and generic object clauses allowing a company to carry out all types of business activities.  Q. How does the principle of ultra-virus come into play in communal contractual cases? The position was changed by the Companies Act of 1985, which largely lifted the doctrine on commercial companies. The position is now regulated by the Companies Act 2006, Sections 31 and 39, which also significantly reduces the applicability of ultraviruses in corporate law, although it may continue to apply to charities and a shareholder can only request a referral action in advance to prevent an alleged act as ultra vire.