Question
Sumeet operated a fast-food outlet in Ebene under a franchise agreement with Taco Bell. Under the terms of the contract, Sumeet is not authorized to
Sumeet operated a fast-food outlet in Ebene under a franchise agreement with Taco Bell. Under the terms of the contract, Sumeet is not authorized to run a similar business in the Ebene area within a period of five years following the expiry of the contract. After the expiry of the contract, Sumeet does not renew the franchise agreement and instead, continues to run a fast-food restaurant from the same premise where he did previously. Taco Bell intends to sue Sumeet for breaching the original franchise agreement. Sumeet argues that the new business is owned by a newly incorporated company Casa del Taco, which is not a party to the original agreement. Sumeet is the only shareholder of Case del Taco.
Advise on the effects of the incorporation of Case del Taco and the possibility that the court may lift the corporate veil in these circumstances. Refer to relevant sections of the Companies Act and case law in your answer. Use the four step process to answer this question.
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