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Vol 23 No 8 Aug/Sept 18

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Housing Allocations and Homelessness: Law and Practice

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The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches (eBook)


ISBN13: 9781108651134
Published: August 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £90.00 + £18.00 VAT
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This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law.

The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.

Subjects:
Company Law, Equity and Trusts, eBooks
Contents:
Introduction: corporate legal ideas

Part I. Business Judgment and The Idea of Honesty in the Exercise of Delegated Power:
1. Business judgments: origins
2. Business judgments in UK corporate law
3. The foundations of the business judgement rule in the United States
4. The modern Delaware business judgement rule

Part II. The Duty of Care and The Ideas of Reward and Undertaking:
5. Origins: between laxity and terror in bailment and trusts law
6. The origins of the director's duty of care in the United States
7. The Delaware duty of care: fragments of jurisprudence
8. The director's duty of care in the United Kingdom

Part III. Self-Dealing and The Idea of the Corporation:
9. Conceptions of the corporation
10. The United Kingdom: contracting out of the common law
11. The United States: the paths to fairness review

Part IV. Connected Assets and The Idea of Property:
12. Regulating connected assets in the United Kingdom
13. Regulating connected assets in the United States
14. Explaining divergent evolution in connected assets law.

Series: International Corporate Law and Financial Market Regulation

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The Derivative Action in Asia: A Comparative and Functional Approach ISBN 9781107012271
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EU Prospectus Law: New Perspectives on Regulatory Competition in Securities Markets ISBN 9780521517652
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Regulating Global Corporate Capitalism ISBN 9780521181969
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Comparative Corporate Governance of Non-Profit Organizations ISBN 9780521761840
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How to Protect Investors: Lessons from the EC and the UK ISBN 9780521888707
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Convergence in Shareholder Law ISBN 9780521876759
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