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Liability of Corporate Groups and Networks

Liability of Corporate Groups and Networks

Name: Liability of Corporate Groups and Networks
Brand: Cambridge University Press
SKU: 9781108714204
Price: 580.06 HKD
Availability: InStock
Author: Christian Witting
ISBN: 9781108714204

By Christian Witting

Cambridge University Press June 2019

Specifications

ISBN-13: 9781108714204
Publisher: Cambridge University Press
Publication: June 2019
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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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.

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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