Corporate Attribution in Private Law (Hart Publishing 2022).
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.
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Cited with approval by the Supreme Court of the United Kingdom in Trustees of the Barry Congregation of Jehovah’s Witnesses [2023] UKSC 15, where Lord Burrows, giving the unanimous decision of the Supreme Court, said: ‘I have found very helpful on the conceptual basis of vicarious liability, Rachel Leow, Corporate Attribution in Private Law (2022) chapter 4.’
Cited by Goh Yihan J in Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243
Reviews (available on request):
- Nicholas Felstead (2022) 50 Australian Business Law Review 144-146
- Sir Ross Cranston (2022) 37 Butterworths Journal of International Banking and Financial Law 765
- John Murphy (2023) 139 Law Quarterly Review 340-343
- Eva Micheler (2023) 82 Cambridge Law Journal 371-73
- Hans Tjio (2023) Singapore Journal of Legal Studies 498-506