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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
forward 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.
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
forward 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.
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