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A Companion to Philosophy of Law and Legal Theory (Blackwell Companions to Philosophy)
by Dennis PattersonThe articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures that the volume continues to offer the most up-to-date coverage of current thinking in legal philosophy. Represents the definitive handbook of philosophy of law and contemporary legal theory, invaluable to anyone with an interest in legal philosophy Now features ten entirely new articles, covering the areas of risk, regulatory theory, methodology, overcriminalization, intention, coercion, unjust enrichment, the rule of law, law and society, and Kantian legal philosophy Essays are written by an international team of leading scholars
Companions in Guilt: Arguments for Ethical Objectivity
by H. LillehammerThis is a systematic study of 'companions in guilt' arguments in moral philosophy. Lillehammer distinguishes between two distinct forms of these, which he calls 'arguments by entailment' and 'arguments by analogy' respectively. For each strategy, Lillehammer examines three of its most prominent manifestations in contemporary ethical thought.
The Company Citizen: Good for Business, Planet, Nation and Community
by Tom LevittBusiness doing good is doing good business; this book learns from the era where governments ruled the world, pre-globalisation, and where business looked after itself, where issues like climate change, resource depletion and even poverty and hunger were not thought to be the responsibility of business. The Company Citizen concludes that not only are these key issues for business today but that the world will not be able to manage these issues without the active participation - even leadership - of business. Aware of the shortcomings of both government and civil society the author argues that environmental sustainability, economic and social inclusion and the better management of resources are all key issues for business and that it makes good business sense to manage them better. This book examines the case for the company citizen on a global, national and community level working alongside other. Never has the conscientious company citizen, as envisaged by 19th century Quaker philanthropists, been more needed; and never has that business case, one that justifies a long-term commitment to practical corporate behaviour for good, been more clear. Drawing attention both to the businesses that are taking the lead and those who are holding us back, the author concludes that only by involving business can we tackle the great issues of the day - and survive, as communities, nation and planet.
The Company Citizen: Good for Business, Planet, Nation and Community
by Tom LevittBusiness doing good is doing good business; this book learns from the era where governments ruled the world, pre-globalisation, and where business looked after itself, where issues like climate change, resource depletion and even poverty and hunger were not thought to be the responsibility of business. The Company Citizen concludes that not only are these key issues for business today but that the world will not be able to manage these issues without the active participation - even leadership - of business. Aware of the shortcomings of both government and civil society the author argues that environmental sustainability, economic and social inclusion and the better management of resources are all key issues for business and that it makes good business sense to manage them better. This book examines the case for the company citizen on a global, national and community level working alongside other. Never has the conscientious company citizen, as envisaged by 19th century Quaker philanthropists, been more needed; and never has that business case, one that justifies a long-term commitment to practical corporate behaviour for good, been more clear. Drawing attention both to the businesses that are taking the lead and those who are holding us back, the author concludes that only by involving business can we tackle the great issues of the day - and survive, as communities, nation and planet.
Company Confessions: Revealing CIA Secrets
by Christopher MoranThe CIA has been anxious about people wanting to tell its stories. Indeed, its effectiveness as an intelligence service hinges to a large degree on its ability to protect sensitive information. As an oft-quoted CIA proverb neatly sums up: ‘The secret of our success is the secret of our success.’The disclosure of sources and methods, information that has the potential to endanger lives and put the success of its operations at risk has always been regarded, understandably, as something to be avoided at all costs.How, then, is the CIA to acclimatise when this cherished rule is increasingly bypassed, with the memoirs of ex-CIA officers regularly reaching bestseller lists and being adapted for Hollywood? Using interviews, private correspondence and declassified files, award-winning author Christopher Moran examines how the CIA treads (and, some might say, oversteps) the fine line between justifiable censorship on the grounds of security, and petty, overbearing redaction for the sake of reputation.From stealing draft manuscripts to authorising its own programme of ‘memoirs’, Company Confessions details how the CIA grapples with the notion of secrecy when faced with the demands of an open and democratic America.
Company Directors: Duties, Liabilities, and Remedies
by Simon Mortimore KcNow in its fourth edition, this leading and comprehensive work focuses entirely on company directors, their duties and responsibilities, their liabilities when things go wrong, and the remedies to put things right. It does so by capturing in one place commentary and analysis of the law relating to company directors, most notably the Companies Act itself and the constantly maturing common law rules and equitable principles, but also the law relating to insolvency, insurance, pensions, taxation, financial services, disqualification and crime. The latest edition incorporates legislative developments, such as the Corporate Insolvency and Governance Act 2020, which amended the Companies Act 2006. The book also analyses recent case law developments relating to company directors from the Supreme Court including; Burnden Holdings (UK) Ltd v Fielding, Singularis Holdings Ltd v Daiwa Capital Markets, Aquila Advisory Ltd v Faichney, Lau v Chu, Kathryn Ma Wai Fong v Wong Kie Yik, Hung v JF Ming Inc, Marex Financial Ltd v Sevilleja, Children's Investment Fund Foundation (UK) v Attorney General, and BTI 2014 LLC v Sequana SA. This complete reference work, written by practitioners with acknowledged expertise in this field, is an essential reference source for all serious corporate lawyers and scholars.
Company Directors: Duties, Liabilities, and Remedies
by Simon Mortimore KcNow in its fourth edition, this leading and comprehensive work focuses entirely on company directors, their duties and responsibilities, their liabilities when things go wrong, and the remedies to put things right. It does so by capturing in one place commentary and analysis of the law relating to company directors, most notably the Companies Act itself and the constantly maturing common law rules and equitable principles, but also the law relating to insolvency, insurance, pensions, taxation, financial services, disqualification and crime. The latest edition incorporates legislative developments, such as the Corporate Insolvency and Governance Act 2020, which amended the Companies Act 2006. The book also analyses recent case law developments relating to company directors from the Supreme Court including; Burnden Holdings (UK) Ltd v Fielding, Singularis Holdings Ltd v Daiwa Capital Markets, Aquila Advisory Ltd v Faichney, Lau v Chu, Kathryn Ma Wai Fong v Wong Kie Yik, Hung v JF Ming Inc, Marex Financial Ltd v Sevilleja, Children's Investment Fund Foundation (UK) v Attorney General, and BTI 2014 LLC v Sequana SA. This complete reference work, written by practitioners with acknowledged expertise in this field, is an essential reference source for all serious corporate lawyers and scholars.
Company Directors: Duties, Liabilities, and Remedies
by Simon Mortimore QcThis is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors' disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing. There has been a wealth of new case law relevant to directors' duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in Prest v Petrodel Resources, Jetivia v Bilta (UK), FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas, the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders. Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands' Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason. In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors' exposure to third party claims and a new chapter on civil remedies for market abuse. The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.
Company Directors: Duties, Liabilities, and Remedies
This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors' disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoing. There has been a wealth of new case law relevant to directors' duties before the English courts, all of which are analysed and explained, including the Supreme Court decisions in Prest v Petrodel Resources, Jetivia v Bilta (UK), FHR European Ventures v Cedar Capital Partners and Eclairs Group v JKX Oil & Gas, the Court of Appeal decisions in Smithton Ltd v Naggar and Newcastle International Airport v Eversheds as well as the important High Court decisions in Universal Project Management Services v Fort Gilkicker, Madoff Securities International v Raven and the wrongful trading case, Re Ralls Builders. Non-UK cases are also analysed including Weavering Macro Fixed Income Fund Ltd v Peterson in the Cayman Islands' Court of Appeal and the 2016 decision of the Hong Kong Court of Final Appeal Chen v Jason. In keeping with developments in case law and legislation the book now includes expanded coverage of multiple derivatives claims, directors' exposure to third party claims and a new chapter on civil remedies for market abuse. The third edition is a complete reference work on the law relating to company directors and is the first port of call for all serious corporate lawyers and scholars on this subject.
Company Directors' Duties and Conflicts of Interest
by Rosemary Teele LangfordThis book contains the most detailed multi-jurisdictional analysis of directors' conflicts available drawing together relevant case law, codes and statutory regulation from the law applying to directors of companies incorporated under the UK Companies Acts, with extensive reference to the law in Australia, Canada, Hong Kong and New Zealand. The book provides comprehensive analysis of the conflicts faced by directors and includes the important areas of conflicts of interest, conflicts of duties, unauthorised profits, corporate opportunities, multiple directorships, nominee directorships, and conflicts involving stakeholders' interests. Difficult aspects of these topics are analysed with reference to the laws of a range of common law jurisdictions. The extensive multi-jurisdictional analysis allows solutions to be presented in relation to difficult legal issues and enables clarification of the legal approach. In addition to detailed coverage and analysis of general law duties, the specific statutory duties are outlined and analysed including those concerning related party transactions. The UK Corporate Governance Code, and Guidance on Board Effectiveness, issued by the FRC in July 2018 are covered extensively. The book provides detail on fiduciary theory, the reach of the term 'director', consequences of a breach, remedies, authorisation and the role of disclosure. It also contains a detailed table of key cases concerning corporate opportunities which includes the pertinent facts, whether there was a breach of directors' duties, and a summary of the important factors in the decision made. The cases are featured in order from instances representing clear breach to those in which no breach was found. The book is significant in its thorough coverage of general law and statutory duties relating to conflicts, and its clarification of the scope and application of currently complex and uncertain duties. It provides clear guidance to academics, practitioners, directors and regulators in each of the jurisdictions on the regulation of conflicts of interest and the implementation of good regulatory practice. This is a key reference work on this important and dynamic area of company law which provides careful analysis of the law set in a practical context.
Company Directors' Duties and Conflicts of Interest
by Rosemary Teele LangfordThis book contains the most detailed multi-jurisdictional analysis of directors' conflicts available drawing together relevant case law, codes and statutory regulation from the law applying to directors of companies incorporated under the UK Companies Acts, with extensive reference to the law in Australia, Canada, Hong Kong and New Zealand. The book provides comprehensive analysis of the conflicts faced by directors and includes the important areas of conflicts of interest, conflicts of duties, unauthorised profits, corporate opportunities, multiple directorships, nominee directorships, and conflicts involving stakeholders' interests. Difficult aspects of these topics are analysed with reference to the laws of a range of common law jurisdictions. The extensive multi-jurisdictional analysis allows solutions to be presented in relation to difficult legal issues and enables clarification of the legal approach. In addition to detailed coverage and analysis of general law duties, the specific statutory duties are outlined and analysed including those concerning related party transactions. The UK Corporate Governance Code, and Guidance on Board Effectiveness, issued by the FRC in July 2018 are covered extensively. The book provides detail on fiduciary theory, the reach of the term 'director', consequences of a breach, remedies, authorisation and the role of disclosure. It also contains a detailed table of key cases concerning corporate opportunities which includes the pertinent facts, whether there was a breach of directors' duties, and a summary of the important factors in the decision made. The cases are featured in order from instances representing clear breach to those in which no breach was found. The book is significant in its thorough coverage of general law and statutory duties relating to conflicts, and its clarification of the scope and application of currently complex and uncertain duties. It provides clear guidance to academics, practitioners, directors and regulators in each of the jurisdictions on the regulation of conflicts of interest and the implementation of good regulatory practice. This is a key reference work on this important and dynamic area of company law which provides careful analysis of the law set in a practical context.
Company Directors' Liability and Creditor Protection (Contemporary Commercial Law)
by Andrew KeayThe book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.
Company Directors' Liability and Creditor Protection (Contemporary Commercial Law)
by Andrew KeayThe book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.
Company Directors' Responsibilities to Creditors
by Andrew KeayThis timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.
Company Directors' Responsibilities to Creditors
by Andrew KeayThis timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.
Company Law (Core Texts Series)
by Alan Dignam John LowryThe Core Text series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Company Law gives a clear and authoritative account of key principles, covering all of the essential concepts in a way that demystifies this complex area of law without oversimplification. The text also includes valuable coverage of corporate governance and theory, including the current debates surrounding these areas. Company Law provides the perfect balance between depth, concision, and accessibility. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Company Law (Macmillan Law Masters)
by Janet DineA complete guide to the legal framework in which companies operate by a prominent university teacher. Company Law follows the life of a company from start-up, financing, through directors' duties and the issue of shares, to reconstruction and insolvency.For the third edition, Professor Dine has thoroughly updated the book, with significantly revised sections on groups, corporate personality, the rules relating to prospectuses, minority shareholders' rights and disqualification of directors.The chapter on EU Law has been completely revised, and a new final chapter looks at the forms taken by the emerging Company Law of Eastern Europe countries.
Company Law: Update I Supplement (Macmillan Law Masters)
by Janet Dine Marios KoutsiasThe new edition of this popular textbook offers an in-depth analysis of the legal framework in which companies operate. Updated with the latest developments in law and case-law, it goes beyond black letter analysis to explain important concepts such as corporate governance and multinational corporations in an international context. Logically structured, the writers' clear writing style help students understand this complex area of the law. Ideal for students taking a module in company law, the book includes learning resources throughout such as key terms and concepts, helpful summaries for each chapter, case notes and suggestions for further reading. Informative end-of-chapter summaries and exercises act as a useful refresher.
Company Law: Update I Supplement (Macmillan Law Masters)
by Janet Dine Marios KoutsiasCompany Law is a complete and accessible guide to the legal framework in which companies operate. Logically structured and with a readable style, the text includes helpful summaries for each chapter, along with case notes. This new edition has been thoroughly revised and updated and is presented with new livery and new two-colour text.
Company Law (Macmillan Law Masters)
by Janet Dine Marios KoutsiasThe new edition of this popular textbook offers an in-depth analysis of the legal framework in which companies operate. Updated with the latest developments in law and case-law, it goes beyond black letter analysis to explain important concepts such as corporate governance and multinational corporations in an international context. Logically structured, the writers' clear writing style help students understand this complex area of the law. Ideal for students taking a module in company law, the book includes learning resources throughout such as key terms and concepts, helpful summaries for each chapter, case notes and suggestions for further reading. Informative end-of-chapter summaries and exercises act as a useful refresher.New to this Edition:- Includes latest case law- Up-to-date material on directors'/ duties and derivative claims- More material on corporate governance issues
Company Law
by Brenda HanniganCompany Law brings clarity and sophisticated analysis to the ever-changing landscape of company law. Brenda Hannigan captures the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides students through all the major areas studied at undergraduate level. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate rescue and restructuring (including liabilities arising on insolvency). The author's accessible writing style and comprehensive approach to the subject makes this an ideal textbook for students of company law. Digital formats and resources The sixth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Company Law: Company Law And Corporate Finance (Core Texts Series)
by John Lowry Alan DignamThe Core Text series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Company Law gives a clear and authoritative account of key principles, covering all of the essential concepts in a way that demystifies this complex area of law without oversimplification. The text also includes valuable coverage of corporate governance and theory, including the current debates surrounding these areas. Company Law provides the perfect balance between depth, concision, and accessibility. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Company Law: A Real Entity Theory
by Eva MichelerThis book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Company Law: A Real Entity Theory
by Eva MichelerThis book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Company Law: Case Studies in a Business Context
by Desmond PainterA set of twenty problems in company law. The loose-leaf case study pages are licensed for bona fide lecturers to photocopy for assignment and seminar use. Full lecturers notes are provided showing how the cases can be fully updated in practical, activity-based study.