BY ZALEHA ZAIN. This article is about those instances where the apparent legal use of shares or, more properly, the influence these shares bring by way of votes or preferment to influence decisions of companies, may be called into question, by way of departure from the rule in Foss. There are principally two areas in which the use of shares is the subject of concern. First, where one or more shareholders, who may or may not be office holders within the company and who have substantial holdings of shares which command a majority in the decision-making structures of the company, act against the interests of other shareholders who do not have the same influence. Secondly, where the use of shares is prompted by decisions of officers of the company, who may or may not have a conflict of interest with shareholders. Both of these areas are loosely covered by the term 'fraud on the minority'.