European University Institute Library

Liability of corporate groups and networks, Christian A. Witting

eng

index present

non fiction

Liability of corporate groups and networks

electronic resource

dictionaries

1018307588

Christian A. Witting

International corporate law and financial market regulationCambridge Social Sciences eBooks

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 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.--, Provided by publisher

Machine generated contents note: 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