Liability of Corporate Groups and Networks

Company Law › Tort / Personal Injury

Liability of Corporate Groups and Networks

By Christian Witting
Cambridge University Press January 2018

Specifications

ISBN-13
9781107039926
Publisher
Cambridge University Press
Publication
January 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals.

After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities.

New proposals are put for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

Table of Contents

1. Introduction

Part I. Business Context:
2. The formation of corporate groups and networks
3. Structuring of corporate group relations
4. Insolvent entity case studies

Part II. Theory:
5. Conceptions of group and network liability

Part III. Statute:
6. General protections for creditors
7. Group-specific protections for creditors
8. Statutory torts
9. Modified limited liability

Part IV. Common Law:
10. Veil-piercing
11. Direct liability in tort
12. Vicarious and joint liability in tort
13. Conclusions.
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