| They are not applied or disapplied depending on the situation one finds oneself in. |
| These provisions may be disapplied by a special resolution of the shareholders, either generally or specifically, for a maximum period not exceeding five years. |
| Likewise the weaker the case of the plaintiff the less is he prejudiced by the operation of the provision and the less is the defendant prejudiced if it is disapplied. |
| The Companies Act confers on shareholders, to the extent not disapplied, rights of pre-emption in respect of the issue of equity securities that are, or are to be, paid up wholly in cash. |
| The principle of stare decisis cannot be circumvented or disapplied in this way, and if it were the result would be chaos. |
| But as a matter of routine, stock-market-listed companies ask for these rights to be disapplied to a pre-agreed limit, to enable them to make acquisitions, for instance. |
