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

Name: The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches
Brand: Cambridge University Press
SKU: 9781107092334
Price: 1778.01 HKD
Availability: InStock
Author: David Kershaw
ISBN: 9781107092334

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

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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.

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: