Publication Type
Journal Article
Version
publishedVersion
Publication Date
2011
Abstract
An absolute application of the no reflective loss principle can result in unfairness. As such, retaining judicial discretion in the area will do much to ensure that genuine causes are not denied remedy. However, even as our courts appear prepared to allow a shareholder to recover for reflective loss, it is important that corporate autonomy is accorded due respect, and not be obscured by an overconsideration of policy concerns. To ensure this, the courts should allow recovery only if the right asserted by the shareholder is one that is separate and independent of the company’s right.
Discipline
Asian Studies | Commercial Law
Research Areas
Corporate, Finance and Securities Law
Publication
Singapore Academy of Law Journal
Volume
23
Issue
SI
First Page
863
Last Page
889
ISSN
0218-2009
Publisher
Singapore Academy of Law
Citation
KOH, Pearlie.
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss. (2011). Singapore Academy of Law Journal. 23, (SI), 863-889.
Available at: https://ink.library.smu.edu.sg/sol_research/1083
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
http://www.sal.org.sg/digitallibrary/Lists/SAL%20Journal/DispForm.aspx?ID=579