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

David Kershaw

ISBN13: 9781108651134
Published: August 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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Also available as
Hardback
9781107092334
£141.00

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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ISBN 9781009654463
Published March 2026
Cambridge University Press
£110.00

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Cover of Unfinished Business: Two Decades with the EU Takeover Directive
Unfinished Business: Two Decades with the EU Takeover Directive
Edited by: Susan Emmenegger, Martin Winner, Andreas Recalde Castells, Rolf Skog
ISBN 9781009654425
Published March 2026
Cambridge University Press
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ISBN 9781009360753
Published November 2024
Cambridge University Press
£130.00

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Cover of Board-Shareholder Dialogue: Policy Debate, Legal Constraints and Best Practices
Board-Shareholder Dialogue: Policy Debate, Legal Constraints and Best Practices
Edited by: Luca Enriques, Giovanni Strampelli
ISBN 9781009360760
Published November 2024
Cambridge University Press
£130.00
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Alan K. Koh
ISBN 9781009545754
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Cambridge University Press
£29.99
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Founders without Limits: Dual-Class Stock and the Premium Tier of the London Stock Exchange
Bobby V. Reddy
ISBN 9781108970624
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Cambridge University Press
£28.00
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ISBN 9781108838153
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Cambridge University Press
£92.00
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Lin Lin
ISBN 9781108437660
Published September 2022
Cambridge University Press
£28.00
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Shareholder Protection in Close Corporations: Theory, Operation, and Application of Shareholder Withdrawal (eBook)
Alan K. Koh
ISBN 9781108751612
Published September 2022
Cambridge University Press
£29.99

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Cover of Shareholder Protection in Close Corporations: Theory, Operation, and Application of Shareholder Withdrawal
Shareholder Protection in Close Corporations: Theory, Operation, and Application of Shareholder Withdrawal
Alan K. Koh
ISBN 9781108496667
Published September 2022
Cambridge University Press
£104.00
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Jo Braithwaite
ISBN 9781108465489
Published July 2022
Cambridge University Press
£29.00
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Corporate Governance and Responsible Investment in Private Equity
Simon Witney
ISBN 9781108725316
Published July 2022
Cambridge University Press
£24.00
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The Law and Finance of Related Party Transactions
Edited by: Luca Enriques, Tobias H. Tröger
ISBN 9781108453738
Published June 2022
Cambridge University Press
£33.00
Cover of Founders without Limits: Dual-Class Stock and the Premium Tier of the London Stock Exchange
Founders without Limits: Dual-Class Stock and the Premium Tier of the London Stock Exchange
Bobby V. Reddy
ISBN 9781108839358
Published November 2021
Cambridge University Press
£92.00
Cover of A Case for Shareholders' Fiduciary Duties in Common Law Asia
A Case for Shareholders' Fiduciary Duties in Common Law Asia
Ernest Lim
ISBN 9781009044479
Published June 2021
Cambridge University Press
£57.00
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Venture Capital Law in China
Lin Lin
ISBN 9781108423557
Published February 2021
Cambridge University Press
£109.00
Cover of Venture Capital Law in China (eBook)
Venture Capital Law in China (eBook)
Lin Lin
ISBN 9781108530422
Published February 2021
Cambridge University Press
£28.00

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Cover of The Financial Courts: Adjudicating Disputes in Derivatives Markets
The Financial Courts: Adjudicating Disputes in Derivatives Markets
Jo Braithwaite
ISBN 9781108474795
Published January 2021
Cambridge University Press
£120.00
Cover of The Financial Courts: Adjudicating Disputes in Derivatives Markets (eBook)
The Financial Courts: Adjudicating Disputes in Derivatives Markets (eBook)
Jo Braithwaite
ISBN 9781108688970
Published January 2021
Cambridge University Press
£30.00

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Cover of A Case for Shareholders' Fiduciary Duties in Common Law Asia (eBook)
A Case for Shareholders' Fiduciary Duties in Common Law Asia (eBook)
Ernest Lim
ISBN 9781108690645
Published August 2019
Cambridge University Press
£57.00

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Cover of A Case for Shareholders' Fiduciary Duties in Common Law Asia
A Case for Shareholders' Fiduciary Duties in Common Law Asia
Ernest Lim
ISBN 9781108426589
Published August 2019
Cambridge University Press
£142.00
Cover of The Law and Finance of Related Party Transactions (eBook)
The Law and Finance of Related Party Transactions (eBook)
Edited by: Luca Enriques, Tobias Hans Troeger
ISBN 9781108672139
Published June 2019
Cambridge University Press
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of The Law and Finance of Related Party Transactions
The Law and Finance of Related Party Transactions
Edited by: Luca Enriques, Tobias Hans Troeger
ISBN 9781108429283
Published June 2019
Cambridge University Press
£141.00
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Liability of Corporate Groups and Networks
Christian Witting
ISBN 9781108714204
Published June 2019
Cambridge University Press
£46.00
Cover of The Political Economy of Financial Regulation
The Political Economy of Financial Regulation
Edited by: Emilios Avgouleas, David C. Donald
ISBN 9781108470360
Published January 2019
Cambridge University Press
£141.00
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The Political Economy of Financial Regulation (eBook)
Edited by: Emilios Avgouleas, David C. Donald
ISBN 9781108578400
Published January 2019
Cambridge University Press
Out of print

Due to a technical issue some ebooks are not available to order.

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Economic Transplants: On Lawmaking for Financial Markets
Katja Langenbucher
ISBN 9781107442122
Published December 2018
Cambridge University Press
£34.00
Cover of The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches
The Foundations of Anglo-American Corporate Fiduciary Law: A Comparison of UK and US Approaches
David Kershaw
ISBN 9781107092334
Published August 2018
Cambridge University Press
£141.00
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Liability of Corporate Groups and Networks
Christian Witting
ISBN 9781107039926
Published January 2018
Cambridge University Press
£141.00
Cover of Liability of Corporate Groups and Networks (eBook)
Liability of Corporate Groups and Networks (eBook)
Christian Witting
ISBN 9781108619172
Published January 2018
Cambridge University Press
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Independent Directors in Asia: A Historical, Contextual and Comparative Approach (eBook)
Independent Directors in Asia: A Historical, Contextual and Comparative Approach (eBook)
Edited by: Dan W. Puchniak, Harald Baum, Luke Nottage
ISBN 9781316843857
Published November 2017
Cambridge University Press
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of Independent Directors in Asia: A Historical, Contextual and Comparative Approach
Independent Directors in Asia: A Historical, Contextual and Comparative Approach
Edited by: Dan W. Puchniak, Harald Baum, Luke Nottage
ISBN 9781107179592
Published November 2017
Cambridge University Press
£148.00
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Economic Transplants: On Lawmaking for Financial Markets
Katja Langenbucher
ISBN 9781107081802
Published October 2017
Cambridge University Press
£114.00
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Economic Transplants: On Lawmaking for Financial Markets (eBook)
Katja Langenbucher
ISBN 9781108505918
Published October 2017
Cambridge University Press
Out of print

Due to a technical issue some ebooks are not available to order.

Cover of A Financial Centre for Two Empires: Hong Kong's Corporate, Securities and Tax Laws in its Transition from Britain to China
A Financial Centre for Two Empires: Hong Kong's Corporate, Securities and Tax Laws in its Transition from Britain to China
David Donald
ISBN 9781107004801
Published June 2014
Cambridge University Press
£119.00
Cover of Boards and Shareholders in European Listed Companies: Facts, Context and Post-Crisis Reforms
Boards and Shareholders in European Listed Companies: Facts, Context and Post-Crisis Reforms
Edited by: Massimo Belcredi, Guido Ferrarini
ISBN 9781107040564
Published October 2013
Cambridge University Press
£137.00
Cover of Comparative Corporate Governance: A Functional and International Analysis
Comparative Corporate Governance: A Functional and International Analysis
Edited by: Andreas Fleckner, Klaus Hopt
ISBN 9781107025110
Published July 2013
Cambridge University Press
£247.00
Cover of The Regulatory Aftermath of the Global Financial Crisis
The Regulatory Aftermath of the Global Financial Crisis
Eilis Ferran, Jennifer Hill, Niamh Moloney, John C. Coffee
ISBN 9781107024595
Published November 2012
Cambridge University Press
£149.00
Cover of The Derivative Action in Asia: A Comparative and Functional Approach
The Derivative Action in Asia: A Comparative and Functional Approach
Edited by: Dan W. Puchniak, Harald Baum, Michael Ewing-Chow
ISBN 9781107012271
Published June 2012
Cambridge University Press
£86.00
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Governance of Global Financial Markets: The Law, the Economics, the Politics
Emilios Avgouleas
ISBN 9780521762663
Published April 2012
Cambridge University Press
£139.00
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Corporate Lawyers and Corporate Governance
Joan Loughrey
ISBN 9780521762557
Published June 2011
Cambridge University Press
Out of print
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Pierre Schammo
ISBN 9780521517652
Published May 2011
Cambridge University Press
£95.00
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Sol Picciotto
ISBN 9780521181969
Published May 2011
Cambridge University Press
£44.00
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Convergence in Shareholder Law
Mathias M. Siems
ISBN 9780521187916
Published February 2011
Cambridge University Press
£54.00
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Comparative Corporate Governance of Non-Profit Organizations
Edited by: Klaus Hopt, Thomas Von Hippel
ISBN 9780521761840
Published April 2010
Cambridge University Press
£201.00
Cover of How to Protect Investors: Lessons from the EC and the UK
How to Protect Investors: Lessons from the EC and the UK
Niamh Moloney
ISBN 9780521888707
Published January 2010
Cambridge University Press
£192.00
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EC Regulation of Corporate Governance
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ISBN 9780521876674
Published December 2009
Cambridge University Press
£92.00
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Edited by: Michel Tison, Hans de Wulf, Christoph Van der Elst, Reinhard Steenot
ISBN 9780521515702
Published June 2009
Cambridge University Press
£152.00
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Thomas Bachner
ISBN 9780521895385
Published May 2009
Cambridge University Press
£122.00
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Convergence in Shareholder Law
Mathias M. Siems
ISBN 9780521876759
Published December 2007
Cambridge University Press
£137.00