The Corporate Opportunity Doctrine and Impossibility Arguments
Scott, Struan

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Cite this item:
Struan Scott, The Corporate Opportunity Doctrine and Impossibility Arguments, The Modern Law Review 66: 852-869 (2003).
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8901
Abstract:
This article considers whether the English corporate opportunity doctrine should recognise a US style impossibility defence. The article is significant for revealing fundamental structural differences between the US and English based common-law jurisdictions, suggesting that English law cannot easily adopt this defence. The article also considers UK and US expectations of the role of executive and non-executive directors and reveals how, in the UK context, these are inconsistent with any wholesale recognition of and application of an impossibility defence.
Date:
2003
Publisher:
The Modern Law Review Ltd
Pages:
852-869
Keywords:
Corporate Law; England; US; Impossibility Defence
Research Type:
Journal Article
Languages:
English
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