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Eliminating Corporate Personhood?
When thinking about whether to eliminate section 30 of the Business Corporations Act, I find myself considering the philosophical underpinnings of corporate personhood. Firstly, one of the reasons corporate personhood came to be was so that the corporation could live beyond the person (or persons) who control it, making corporations intergenerational, a more stable form of […]
4.3 – Discussion Activity – Ambiguities of Corporate Personality
My main takeaway from Lee v Lee’s Air Farming is that to determine whether something was a corporate act or an individual act, we should look to in what capacity the individual was acting when they undertook the act. Essentially, this means considering which “hat” an individual was wearing when they undertook the act. Given […]
4.4: Policy Justification for Hercules Managements
Although I cannot pretend to know for certain what policy reason motivated the majority of the Supreme Court in their decision in Hercules Management, I believe the decision can be amply supported on a policy of avoiding the imposition of unintended, unknown, and unnecessary liability-and also maintaining caveat emptor. Consider the implications of Hercules, if […]