The Foundations of Anglo-American Corporate Fiduciary Law

ISBN-13: 9781107465305 / Angielski / Miękka / 2021 / 547 str.

David Kershaw

Opis

Explores the foundations and evolution of corporate fiduciary law in the United States and the United Kingdom.

Spis treści

Introduction: corporate legal ideas; Part I. Business Judgment and the Idea of Honesty in the Exercise of Delegated Power: 1. Business judgments: origins; 2. Business judgments in UK corporate law; 3. The foundations of the business judgement rule in the United States; 4. The structural dissonance of Delaware's business judgment rule; Part II. The Duty of Care and the Ideas of Reward and Undertaking: 5. Origins: between laxity and terror in bailment and trusts law; 6. The origins of the director's duty of care in the United States; 7. The Delaware duty of care: fragments of jurisprudence; 8. The duty of care in the United Kingdom: in the shadow of gross negligence; Part III. Self-Dealing and the Idea of the Corporation: 9. Conceptions of the corporation; 10. The United Kingdom: contracting out of the common law; 11. The United States: the paths to fairness review; Part IV. Connected Assets and the Idea of Property: 12. Connected assets law in the United Kingdom: the property institution; 13. The modern UK approach and the disappearance of property; 14. Connected assets law in the United States: between property and prescription; 15. Explaining divergent evolution in connected assets law.