Liability of Corporate Groups and Networks

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 forward 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 des matières

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.

A propos de l'auteur

Christian A. Witting is Professor of Private Law at Queen Mary University of London where he teaches company law and torts. He qualified as a lawyer in Australia and was previously employed by the Commonwealth Attorney General's Department.

Résumé

This book discusses the insolvent entity problem, arising when companies within corporate groups and networks are unable to pay personal injury victims in full. It provides arguments for rules extending liability for personal injuries beyond insolvent entities especially in cases of mass wrongdoing such as asbestos exposure and defective pharmaceuticals.

Détails du produit

• Auteurs: Christian Witting, Christian (Queen Mary University of London) Witting, Christian (University of Exeter) Witting, Christian A. Witting, Christian A. (National University of Sing Witting, Christian A. (Queen Mary University of Lo Witting, Christian A. (Queen Mary University of London) Witting, Witting Christian A.
• Edition: Cambridge University Press ELT
• Langues: Anglais
• Format d'édition: Livre Relié
• Sortie: 31.01.2018
• EAN: 9781107039926
• ISBN: 978-1-107-03992-6
• Pages: 498
• Thèmes: International Corporate Law and Financial Market Regulation; International Corporate Law an; International Corporate Law an; International Corporate Law and Financial Market Regulation
• Catégories: Sciences sociales, droit, économie > Droit > Droit commercial; Corporate Governance, LAW / Corporate, Commercial law, comparative law, Company law