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The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
Robert Rhee
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha
Faculty Colloquia, Spring 2009 Series, Alfred Brophy, Dennis Crouch, Zanita Fenton, Mitu Gulati, Scott Hershovitz, Christine Hurt, Joseph Miller, Juliet Moringiello, Robert Rhee, Robert Steinbuch, Brian Tamanaha
Robert Rhee
No abstract provided.