ATTRIBUTING THE NON-PECUNIARY DAMAGE SUFFERED BY ORGANS TO CORPORATE CLAIMANTS: ORIENTAL DAILY PUBLISHER LTD V MING PAO HOLDINGS LTD.
As injury to feelings is said to be the essence of an award of aggravated damages, a conclusion that a company itself cannot be a victim of such damage is hard to fault. That said, it is without doubt that the human components of the company, in particular its directors, can experience distress and...
| Publicado en: | Journal of Corporate Law Studies Vol. 14; no. 2; pp. 479 - 492 |
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| Formato: | Artículo |
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Taylor & Francis Ltd
Oct2014
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| Acceso en línea: | Ver este registro en EBSCOhost |
| Sumario: | As injury to feelings is said to be the essence of an award of aggravated damages, a conclusion that a company itself cannot be a victim of such damage is hard to fault. That said, it is without doubt that the human components of the company, in particular its directors, can experience distress and anxiety brought about by the defendant's conduct before or during an action. This note examines a case in which the issue of whether such damage can be attributed to the company for the purpose of computing its nonpecuniary injury arose and speculates on how English courts would rule should such a question come before them. |
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