The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches

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The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches

By David Kershaw
Cambridge University Press August 2018

Specifications

ISBN-13
9781107092334
Publisher
Cambridge University Press
Publication
August 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law.

The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

Table of Contents

Introduction: corporate legal ideas

Part I. Business Judgment and The Idea of Honesty in the Exercise of Delegated Power:
1. Business judgments: origins
2. Business judgments in UK corporate law
3. The foundations of the business judgement rule in the United States
4. The modern Delaware business judgement rule

Part II. The Duty of Care and The Ideas of Reward and Undertaking:
5. Origins: between laxity and terror in bailment and trusts law
6. The origins of the director's duty of care in the United States
7. The Delaware duty of care: fragments of jurisprudence
8. The director's duty of care in the United Kingdom

Part III. Self-Dealing and The Idea of the Corporation:
9. Conceptions of the corporation
10. The United Kingdom: contracting out of the common law
11. The United States: the paths to fairness review

Part IV. Connected Assets and The Idea of Property:
12. Regulating connected assets in the United Kingdom
13. Regulating connected assets in the United States
14. Explaining divergent evolution in connected assets law.
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