Liability of Corporate Groups and Networks
Published on 28. December 2017
502 pages
978-1-108-65436-4 (ISBN)
Description
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.
Reviews / Votes
'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 NegligenceMore details
Series
Language
English
Place of publication
Cambridge
United Kingdom
Target group
Professional and scholarly
Illustrations
Worked examples or Exercises
File size
4,78 MB
ISBN-13
978-1-108-65436-4 (9781108654364)
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Schweitzer Classification
Other editions
Additional editions
Christian A. Witting
Liability of Corporate Groups and Networks
Book
01/2018
Cambridge University Press
€174.40
Shipment within 15-20 days
Person
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.
Content
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.
