Finding the wisdom of Salomon

Spencer, Tom (2012) Finding the wisdom of Salomon. Australian Business Law Review, 40 64: 64-76.

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Name Description MIMEType Size Downloads
Author Spencer, Tom
Title Finding the wisdom of Salomon
Journal name Australian Business Law Review   Check publisher's open access policy
ISSN 0310-1053
Publication date 2012
Sub-type Article (original research)
Volume 40
Issue 64
Start page 64
End page 76
Total pages 13
Place of publication Rozelle, NSW, Australia
Publisher Lawbook Co.
Collection year 2013
Language eng
Abstract "The corporate veil" has become an iron curtain, removable in only a few exceptional cases. This article argues that the corporate veil is a rebuttable presumption of independence, and not the separate entity doctrine whereby each company is inviolably separate from its shareholders, which founds the doctrine. The doctrine of the undisclosed principal is set out, culminating in analysis of the Privy Council's decision in Siu Yin Kwan (1994). It then raises the separate entity principle and the agency veil piercing cases, particularly those involving implied agency such as Smith, Stone & Knight (1939), before suggesting how the undisclosed principal can clarify them.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2013 Collection
TC Beirne School of Law Publications
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Created: Fri, 20 Apr 2012, 15:53:35 EST by Carmen Buttery on behalf of T.C. Beirne School of Law