Why a Company is Incorporated?
To prevent the
mischief arising from large trading undertaking being carried on by large fluctuating
bodies, so that persons dealing with them would not know with whom they are
contracting and so might be put to great difficulty and expanse. This was a
public mischief to be redressed. One difficulty relating to unincorporated
bodies was regarding the power to sue or be sued. The second and most important
disadvantage of the absence of incorporation was that members could not limit
their liability.