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Liability of Corporate Groups and Networks

$36.00 USD

Part of International Corporate Law and Financial Market Regulation

  • Date Published: December 2017
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108654364

$ 36.00 USD
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About the Authors
  • 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.

    • Features a detailed proposal for the development of a statutory exception to limited liability applicable in cases of personal injury
    • Proposes development of the common law of conspiracy so as to create a new remedy where companies are in commercial agreements with another which is engaged in objectively reckless conduct
    • Assesses the law on group and network liability in leading common law jurisdictions to provide a better understanding of what gives corporate groups and networks their cohesion and why the law should be prepared to extend liability beyond the insolvent entity
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    Reviews & endorsements

    '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

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    Product details

    • Date Published: December 2017
    • format: Adobe eBook Reader
    • isbn: 9781108654364
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    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.

  • Author

    Christian A. Witting, Queen Mary University of London
    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.

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