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Vol 22 No 8 August/Sept 2017

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Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Corporate Liability

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ISBN13: 9789041198464
ISBN: 9041198466
Published: June 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £101.00



Despatched in 11 to 13 days.

When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility. This theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined.;It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following: the ""problem of many hands,"" in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking; the traditional ""directing mind"" theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability; the development of ""principles of attribution"" as a framework for approaching different situations where liability may be established against corporations; a new concept of ""aggregation"" which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation; the relevance of ""Chinese Walls"" in limiting the extent to which principles of attribution apply; and a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability.;This title is more than a mere legal device for practical purposes. It is rigorously based on the theoretical foundations of corporations, particularly the all-important interplay between the individualistic and collective aspects of the corporate persona.

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Contents:
Foreword; the Honourable Mr. Justice Lightman. Preface. Postscript. Table of Cases.
1. Introduction 2. Development in Principles of Attribution 3. Principles of Attribution in Civil Proceedings 4. Principles of Attribution in Criminal Proceedings 5. Principles of Attribution in Regulatory Proceedings 6. Aggregation in Principles of Attribution 7. Barriers to Principles of Attribution 8. Individual Liability and Liability of Holding Corporations in Corporate Groups 9. Conclusion. Appendix. Bibliography. Index.

Series: Studies in Comparative Corporate & Financial Law

Criminal Finance ISBN 9789041198648
Published June 2004
Kluwer Law International
£187.00
Money Laundering Control in the Caribbean ISBN 9789041199058
Published April 2003
Kluwer Law International
£172.00
The Impact of Modern Influences on the Traditional Duties of Care, Skill and Dilligence of Company Directors
Demetra ArsalidouSchool of Law, University of Exeter
ISBN 9789041198518
Published September 2001
Kluwer Law International
£109.00
Banks as Financial Advisers ISBN 9789041198280
Published February 2001
Kluwer Law International
£104.00
International Contracts and National Economic Regulation ISBN 9789041198105
Published December 2000
Kluwer Law International
£137.00
Money Laundering and Financial Intermediaries ISBN 9789041197955
Published July 2000
Kluwer Law International
£107.00
Directors' Duties: A New Millenium, A New Approach? ISBN 9789041197887
Published April 2000
Kluwer Law International
£162.00
Regulating the Financial Services Sector
George P. GilliganLogan Research Fellow, Department of Business Law and Taxation, Monash University, Australia
ISBN 9789041197573
Published December 1999
Kluwer Law International
£130.00
Shareholder Voting Rights and Practices in Europe and the United States ISBN 9789041197504
Published October 1999
Kluwer Law International
£193.00
Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends
Edited by: Frommel, Rider
ISBN 9789041112279
Published September 1999
Kluwer Law International
£116.00
Conflicts of Interest and Duty
Chizu NakajimaSenior Lecturer, City University Business School, London
ISBN 9789041196989
Published February 1999
Kluwer Law International
£158.00
The Legal Basis of Corporate Governance in Publicly Held Corporations ISBN 9789041196637
Published July 1998
Kluwer Law International
£161.00