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Liability for Corporate Wrongs

Department of Business Law & Taxation

8 October 2008

Group photo WCLRG workshop
From left to right are: Michelle Welsh, Deputy Director, WCLRG
Assoc Prof Christian Witting, Melbourne Law School
Assoc Prof Helen Anderson, Head of Department, Department of Business Law & Taxation

Guest Speaker: Associate Professor Christian Witting, Melbourne Law School

Christian Witting is an Associate Professor in the Melbourne Law School. He has published widely in the area of tort law, including a book titled Liability for Negligent Misstatements. His current research interest is in the liability of corporate groups.

Topic: Liability for Corporate Wrongs

During this seminar Christian argued that in certain circumstances shareholders should be liable for personal injuries that are caused by the actions of the corporation.

Christian rejects the need to base liability on control. Shareholder liability for corporate wrongs can be justified on the grounds that shareholders are company insiders who perform a distinct function. They arm the company with capital.

The claims of persons suffering personal injuries caused by the company should be of a higher order than any financial losses to be borne by shareholders.


WCLRG is a research concentration in the Department of Business Law & Taxation at Monash University. It has been in operation since March 2008, having previously operated as the Corporate Law and Accountability Research Group (CLARG). Further details are available at: www.buseco.monash.edu.au/blt/clarg/; or contact WCLRG’s Director,
Dr Anthony Forsyth, at Anthony.Forsyth@buseco.monash.edu.au.

 
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