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Corporate Attribution in Private Law

Corporate Attribution in Private Law

Author: Rachel Leow
Publisher: Hart Publishing
ISBN: 9781509941827

Published In: June 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509941353

List Price: HKD 558.87

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Description
Contents

Details

Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law.

Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law?

Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

1. Introduction

I. The Central Argument

II. Advantages

III. Scope

IV. Outline

PART I: FOUNDATIONS

2. Attribution as Allocated and Delegated Powers

I. Meridian Global Funds Management Asia Ltd v Securities Commission

II. Problems with existing Approaches

III. A Fictional View of Attribution

IV. A Non-Fictional Account of Attribution

V. The Account Applied