(Download) "Incomplete Contracts, Contingent Fiduciaries and a Director's Duty to Creditors." by Melbourne University Law Review * Book PDF Kindle ePub Free
eBook details
- Title: Incomplete Contracts, Contingent Fiduciaries and a Director's Duty to Creditors.
- Author : Melbourne University Law Review
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 337 KB
Description
[This article presents economic arguments for extending a limited form or fiduciary duty to creditors. It clarifies the two components of debtor-firm opportunism against creditors: director-opportunism and shareholder-opportunism. The analysis, carried out within the economic perspective of incomplete contracts, focuses on three elements: incomplete contracts, self-interest seeking individuals and consequential ex post opportunism. The emphasis is on suggesting that the catalyst for a fiduciary duty is the presence of opportunistic behaviour, rather than arguing that it will depend on when a firm is in, near, or in danger of insolvency.] INTRODUCTION
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