dc.contributor.author | Witting, Christian | |
dc.contributor.author | Rankin, James | |
dc.date.accessioned | 2015-04-14T08:30:27Z | |
dc.date.issued | 2014-07-30 | |
dc.description.abstract | This article considers ways in which tort law can contribute to the extended
liability of the corporate group, by creating liability beyond a wrongdoing but
insolvent subsidiary. Current case law permits actions by claimants against the
parent company where it owes them a duty of care separate from that owed by
the subsidiary. The control exercised by the parent over the circumstances in
which injury occurs is an important factor in establishing the duty of care. This
article recommends the development of the tort of unlawful means conspiracy
in the corporate group context so that it can be pleaded in circumstances of the
reckless infliction of harm. Development of the tort in this way would be
especially attractive in creating “sideways” liability as between group
subsidiaries, based on their coordinated behaviour in creating risks of harm. | en_GB |
dc.identifier.citation | Vol 22, No 2, pp 91-104 | en_GB |
dc.identifier.uri | http://hdl.handle.net/10871/16770 | |
dc.language.iso | en | en_GB |
dc.publisher | Thomson Reuters | en_GB |
dc.relation.url | http://sites.thomsonreuters.com.au/journals/category/tort-law-review/ | en_GB |
dc.subject | Torts corporate groups liability | en_GB |
dc.title | Tortious liability of corporate groups: from control to coordination | en_GB |
dc.type | Article | en_GB |
dc.date.available | 2015-04-14T08:30:27Z | |
dc.identifier.issn | 1039-3285 | |
dc.description | This is the author's version of a work accepted for publication by Thomson Reuters. A definitive version was subsequently published in Tort Law Review, 2014, Vol 22, No 2, pp 91-104. Available at: http://sites.thomsonreuters.com.au/journals/2014/08/18/the-tort-law-review-update-july-2014/ | en_GB |
dc.description | Author version submitted in accordance with SHERPA RoMEO guidelines for this journal. | en_GB |
dc.identifier.journal | Tort Law Review | en_GB |