amelie
Discussion Activity 6.3
I think imposing a minimal requirement of having some independent directors in publicly held corporations is a justified requirement. The concept of having at least some directors who have no other role in the corporation seems intuitively appealing: it seems that these directors would assuredly provide a neutral perspective, and it also seems that these […]
Discussion Activity 5.1: Reconciling R v. Fitzpatrick’s Fuel and The Rhône
While at first glance it seemed to me that the judgments from these two cases were irreconcilable, I have come to find some distinctions between them which may ultimately hold little weight, but are, in my opinion, nonetheless interesting and noteworthy in assessing the question of the particular point at which an employee ought to […]
General Conclusions: Corporate Purpose and Many Ambiguities
The notion that particular circumstances may entitle the court to disregard the separate existence of corporate personhood recurs in many cases. In my view, this notion of circumstantial consideration seems beneficial, but is too often plagued by turning into yet another source of ambiguity. Of course, as the court notes, certain situations, such as fraudulent […]
Discussion Activity 4.4
The holding in Hercules Managements Ltd. that the duty of care in the preparation of the audit report was owed by the auditors to the shareholders collectively, and thus to the corporation itself, rather than to individual shareholders limits the ability of individual shareholders to bring claims personally. The notion that the negligently prepared reports […]
Thoughts on “The Corporation”
When I reflect on the idea of a company as being recognized by law to coordinate the activities required to carry on a business designed to earn profits, one of the predominant ‘activities’ that occurs to me is that of the corporation as a risk-taking entity. Corporations have mostly developed by bearing risks that individuals […]
Course Facebook Page
