Liability of Corporate Groups and Networks (International Corporate Law and Financial Market Regulation)

Synopsis

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. Features a detailed proposal for the development of a statutory exception to limited liability applicable in cases of personal injury. Proposes development of the common law of conspiracy so as to create a new remedy where companies are in commercial agreements with another which is engaged in objectively reckless conduct. Assesses the law on group and network liability in leading common law jurisdictions to provide a better understanding of what gives corporate groups and networks their cohesion and why the law should be prepared to extend liability beyond the insolvent entity.

Copyright:

2018

Book Details

Book Quality:

Publisher Quality

ISBN-13:

9781108619172

Publisher:

Cambridge University Press

Date of Addition:

12/14/17

Copyrighted By:

Christian A. Witting

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

Business and Finance, Law, Legal Issues and Ethics

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.