Rachel Leow, ‘Equity’s Attribution Rules’

ABSTRACT
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 v Securities Commission [1995] 2 AC 500, it is widely accepted that corporate attribution is a highly context-specific process 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 paper examines equity’s attribution rules in three areas: dishonest assistance, knowing receipt, and bona fide purchase. Each routinely requires the attribution of both acts and states of mind. Equity’s rules are then compared with those emerging from the common law cases. The paper concludes that equity’s attribution rules are, perhaps surprisingly, just the same as the common law’s. It also explains why.

Leow, Rachel, Equity’s Attribution Rules (January 1, 2021). (2021) 15 Journal of Equity 35.

First posted 2021-11-23 14:00:53

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