Liability of Corporate Groups and Networks

Christian A. Witting (National University of Singapore)

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English

Cambridge University Press
06 June 2019

Corporate governance & responsibilities; Comparative law; Company, commercial & competition law; Commercial law; Company law

Series: International Corporate Law and Financial Market Regulation

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.

By: Christian A. Witting (National University of Singapore)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 230mm, Width: 153mm, Spine: 30mm
Weight: 680g
ISBN: 9781108714204
ISBN 10: 110871420X
Series: International Corporate Law and Financial Market Regulation
Pages: 499
Publication Date: 06 June 2019
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.

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.

Reviews for Liability of Corporate Groups and Networks

'The book is lucidly written and presents many a thought-provoking argument. It is built on a very extensive exploration of tort and company law, as well as other academic disciplines such as economics, sociology and philosophy. Witting draws on law and scholarships not just from this jurisdiction, but also from many others: in addition to Commonwealth countries, the author has clearly undertaken considerable investigations into how the insolvent entity problem has been approached in the United States. It is a stellar example of interdisciplinary and comparative research.' William Day, Journal of Professional Negligence 'The book is lucidly written and presents many a thought-provoking argument. It is built on a very extensive exploration of tort and company law, as well as other academic disciplines such as economics, sociology and philosophy. Witting draws on law and scholarships not just from this jurisdiction, but also from many others: in addition to Commonwealth countries, the author has clearly undertaken considerable investigations into how the insolvent entity problem has been approached in the United States. It is a stellar example of interdisciplinary and comparative research.' William Day, Journal of Professional Negligence