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Corporate Attribution in Private Law

Corporate Attribution in Private Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509941827
  • 出版时间 June 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509941353

List Price: ¥492.56

¥477.78 Save ¥14.78 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law.

    Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law?

    Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

  • 1. Introduction
    I. The Central Argument
    II. Advantages
    III. Scope
    IV. Outline
    PART I: FOUNDATIONS
    2. Attribution as Allocated and Delegated Powers
    I. Meridian Global Funds Management Asia Ltd v Securities Commission
    II. Problems with existing Approaches
    III. A Fictional View of Attribution
    IV. A Non-Fictional Account of Attribution
    V. The Account Applied
    VI. Attribution as Identifying Intentional Acts
    VII. Conclusion
    PART II: APPLICATION
    3. Attribution of Acts in Contract
    I. Agency Analysis
    II. Contracting by the Board or Shareholders in General Meeting
    III. Contracting by Subordinate Agents
    IV. Group Agency
    V. Attribution and Other Routes to Liability
    VI. Conclusion
    4. Attributing Acts in Tort
    I. 'Vicarious Liability' and Other Doctrines
    II. The Conceptual Basis of Vicarious Liability
    III. Pre-1956 Law
    IV.
    1956 and aft er: Development of Servant's Tort Theory
    V. The Attribution of Acts aft er 1956
    VI. When are Acts Attributed?
    VII. Conclusion
    5. Attributing Acts in Unjust Enrichment
    I. Mistaken Payments
    II. Attribution Rules in Unjust Enrichment Claims
    III. Payments
    IV. Induced Mistakes: Representations
    V. Receipt
    VI. Reasons in Favour of Consistency
    VII. Conclusion
    6. Attributing Knowledge
    I. The Current Law
    II. Attributing Knowledge
    III. Illustrations
    IV. The Case Law
    V. Conclusion
    PART III: DIFFICULT PROBLEMS
    7. Attribution in Enforcing Duties
    I. Three Major Decisions
    II. When and Why is Attribution Unavailable?
    III. The 'Both Ways' Test
    IV. The Effect of Attribution
    V. Illegality
    VI. Applying the Analysis to Stone & Rolls, Bilta, and Singularis
    VII. Conclusion
    8. Aggregation
    I. Connecting Act and Knowledge
    II. The 'Knowing and Intending' Test
    III. Aggregation's Importance
    IV. Conclusion
    9. Conclusion
    I. Central Claims
    II. The Account, Illustrated
    III. Implications

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