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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Corporate Attribution in Private Law


ISBN13: 9781509941353
Published: February 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00
Paperback edition , ISBN13 9781509941827



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Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law.

Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law?

Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

Subjects:
Company Law
Contents:
1. Introduction
I. The Central Argument
II. Advantages
III. Scope
IV. Outline
PART I: FOUNDATIONS
2. Attribution as Allocated and Delegated Powers
I. Meridian Global Funds Management Asia Ltd v Securities Commission
II. Problems with existing Approaches
III. A Fictional View of Attribution
IV. A Non-Fictional Account of Attribution
V. The Account Applied
VI. Attribution as Identifying Intentional Acts
VII. Conclusion
PART II: APPLICATION
3. Attribution of Acts in Contract
I. Agency Analysis
II. Contracting by the Board or Shareholders in General Meeting
III. Contracting by Subordinate Agents
IV. Group Agency
V. Attribution and Other Routes to Liability
VI. Conclusion
4. Attributing Acts in Tort
I. 'Vicarious Liability' and Other Doctrines
II. The Conceptual Basis of Vicarious Liability
III. Pre-1956 Law
IV.
1956 and aft er: Development of Servant's Tort Theory
V. The Attribution of Acts aft er 1956
VI. When are Acts Attributed?
VII. Conclusion
5. Attributing Acts in Unjust Enrichment
I. Mistaken Payments
II. Attribution Rules in Unjust Enrichment Claims
III. Payments
IV. Induced Mistakes: Representations
V. Receipt
VI. Reasons in Favour of Consistency
VII. Conclusion
6. Attributing Knowledge
I. The Current Law
II. Attributing Knowledge
III. Illustrations
IV. The Case Law
V. Conclusion
PART III: DIFFICULT PROBLEMS
7. Attribution in Enforcing Duties
I. Three Major Decisions
II. When and Why is Attribution Unavailable?
III. The 'Both Ways' Test
IV. The Effect of Attribution
V. Illegality
VI. Applying the Analysis to Stone & Rolls, Bilta, and Singularis
VII. Conclusion
8. Aggregation
I. Connecting Act and Knowledge
II. The 'Knowing and Intending' Test
III. Aggregation's Importance
IV. Conclusion
9. Conclusion
I. Central Claims
II. The Account, Illustrated
III. Implications

Series: Hart Studies in Private Law

Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published July 2030
Hart Publishing
£70.00
Resulting Trusts ISBN 9781849465489
To be published May 2029
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£80.00
Rethinking Medical Negligence ISBN 9781509937790
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The Irreducible Core of the Trust ISBN 9781782257172
To be published May 2028
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Explaining Conscience in Private Law ISBN 9781509933648
To be published October 2025
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The Scope and Structure of Unjust Enrichment ISBN 9781509942435
To be published June 2025
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£41.99
Private Law and Building Safety ISBN 9781509976607
To be published June 2025
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£90.00
Data and Private Law ISBN 9781509966066
To be published March 2025
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£44.99
Justice in Private Law ISBN 9781509953929
To be published March 2025
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£41.99
Understanding Private Law: Essays in Honour of Stephen A. Smith ISBN 9781509971152
To be published January 2025
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£100.00
Life and Death in Private Law ISBN 9781509969326
To be published December 2024
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£85.00
Good Faith and Relational Contracts: Theory, Practice and Future Developments ISBN 9781509973057
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The Commercial Uses of Trusts: Rethinking the Traditional Approach ISBN 9781509974054
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£85.00
The Commercial Uses of Trusts: Rethinking the Traditional Approach (eBook) ISBN 9781509974061
Published October 2024
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Vicarious Liability in the Common Law World
Edited by: Paula Giliker
ISBN 9781509963331
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£41.99
The Scope and Structure of Unjust Enrichment (eBook) ISBN 9781509942459
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£76.50
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Data and Private Law ISBN 9781509966028
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Data and Private Law (eBook) ISBN 9781509966035
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Justice in Private Law ISBN 9781509953882
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Justice in Private Law (eBook) ISBN 9781509953899
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Economic Torts and Economic Wrongs ISBN 9781509954506
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Published June 2023
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£41.99
The Province and Politics of the Economic Torts ISBN 9781509955480
Published June 2023
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£41.99
Punishment and Private Law ISBN 9781509949465
Published January 2023
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£49.99
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ISBN 9781509939084
Published October 2022
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£37.79
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The Evolution from Strict Liability to Fault in the Law of Torts ISBN 9781509947126
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Justifying Private Rights ISBN 9781509944620
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£41.99
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Unexpected Consequences of Compensation Law ISBN 9781509943678
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£54.99
A Unified Approach to Contract Interpretation ISBN 9781509944408
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£41.99
Economic Torts and Economic Wrongs (eBook) ISBN 9781509934768
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Economic Torts and Economic Wrongs ISBN 9781509934751
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Causation in Negligence (eBook) ISBN 9781782255215
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Causation in Negligence ISBN 9781849463317
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Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£44.99
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Contractual Indemnities ISBN 9781849462907
Published April 2014
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Informal Carers and Private Law ISBN 9781849462815
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