cite case law. Is there a difference between jurisdiction? Does size and type of group matter? Statutory vs private boards makes a difference?

  • In Maine, at least, it depends on the size of the group. – phoog Jan 15 '16 at 20:06
  • @phoog That link you provided actually does specify that groups of 3 or more may use a majority. The questioner is asking for when it is not specified. – Mr. A Jan 15 '16 at 20:09
  • @Mr.A that Maine statute is for situations "when the statute, charter or ordinance does not otherwise specify." So it seems to be just what the questioner seeks. If that statute constitutes "specification" for the purpose of this question then all that's left is common law. But any common law rule on this question would also have been specified at some point, by a judge. – phoog Jan 15 '16 at 20:12
  • It's not. I am the questioner. My phone has a different gmail account connected to it. – Mr. A Jan 15 '16 at 20:13

A "group" is a rather Ill-defined concept.

If the group is a familial or social group then their decisions are not legally binding so it doesn't matter.

If the group is the creature of a contract then the contract will tell you. If the contract is silent then a decision would amount to a renegotiation of the contract and would have to be unanimous.

If the group is a creature of statute (e.g. company boards, incorporated associations etc.) then the statute will tell you. The statute may tell you that the group can create its own rules. There may also be different levels of majority specified (simple, 2/3, 3/4 etc.) and also if it is a majority of the whole or just those in attendance.

So, yes, jurisdiction matters; yes, size matters and yes; type matters,

  • Suppose the statute or the contract failed to mention the number required in order for an action to take place. – Mr. A Jan 16 '16 at 20:26
  • So the question is "what is the law when there is no law?" – Dale M Jan 16 '16 at 21:33
  • right. what does the common law say then – Mr. A Jan 16 '16 at 23:46
  • Can't say without a jurisdiction: each has its own common law – Dale M Jan 17 '16 at 0:27
  • that's an answer in itself – Mr. A Jan 17 '16 at 11:28

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