Description

ABOUT THE WEBINAR
Corporate attribution is the process by which acts and states of mind are attributed to companies to establish their rights, duties and liabilities. Ever since Meridian Global Funds Management Asia Ltd v Securities Commission [1995] 2 AC 500, it has been widely accepted that corporate attribution is highly context specific. While a growing literature has been produced on the attribution rules which apply to statutes and in the common law, very little is known about equity’s attribution rules. This talk first examines how equity’s attribution rules might potentially differ from the common law’s. The case-law in three areas – dishonest assistance, knowing receipt and bona fide purchase – is considered. Equity’s attribution rules are then compared with those emerging from the common law cases. Perhaps surprisingly, the conclusion is that Equity’s attribution rules are just the same as the common law’s. Drawing on arguments from the author’s forthcoming book on corporate attribution in private law, it is explained why this is so.

ABOUT THE SPEAKER
Rachel Leow is an Assistant Professor at the National University of Singapore. Educated at NUS and Cambridge, she researches widely across the areas of agency law and attribution, equity, unjust enrichment, and trusts. Her research in has appeared in leading journals such as the Cambridge Law Journal, Lloyds Maritime and Commercial Law Quarterly, Conveyancer and Property Lawyer, and Trust Law International. Her monograph, ‘Corporate Attribution in Private Law’, will be published by Hart Publishing in early 2022.