THE PERSONAL TORT LIABILITY OF DIRECTORS

Authors

  • ROBERT FLANNIGAN

Abstract

Directors currently enjoy a measure of preferential treatment with respect to their tort liability exposure. Professor Flannigan explains how the jurisprudence has come to this position largely through the operation of a series of confusions. He then examines, and rejects, the various policy arguments that have been advanced to justify a lesser liability for directors . He concludes that the risk-taking of directors is properly regulated by the same general tort responsibility that disciplines the conduct of all other actors .

Keywords:

Tort Law

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Published

2002-08-01

Issue

Section

Legal Commentary