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.
By:
Rachel Leow
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Spine: 25mm
Weight: 454g
ISBN: 9781509941827
ISBN 10: 1509941827
Series: Hart Studies in Private Law
Pages: 280
Publication Date: 15 June 2023
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
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 IV. Tying the Threads Together
Rachel Leow is Assistant Professor at the National University of Singapore, Singapore.
Reviews for Corporate Attribution in Private Law
Leow's analysis is thorough without being verbose - the clarity of expression is to be commended ... Corporate Attribution is a highly accessible publication. It would be equally at home in the footnote of a superior court judgment, as it would on a required reading list for a corporations law course. -- Nicholas Felstead * Australian Business Law Review * Everyone interested in this fascinating area of the law - whether as judges, practitioners, academics or students - will benefit from reading this book. * The Right Honourable Lord Burrows (from the foreword) *
