A Critique of Corporate Attribution: 'Directing Mind and Will' and Corporate Objectives
Year: 2011
Type: preprint
Abstract: The directing mind and will test for corporate attribution was applied in a recent and complex House of Lords decision in Stone & Rolls which involved ex turpi causa. A fundamental problem of that test - the wrongdoing of the directing mind and will is to be automatically attributed to the company without any intervening premises - arose from that decision. This problem was replicated in subsequent cases. This article examines that problem, and through the lens of corporate objectives, critiques the (policy) argument - the absence of “innocent participators” - that ostensibly supports such attribution.
Source: SSRN Electronic Journal
Author: Ernest Lim
Institution: National University of Singapore
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W1575415027