Title

The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss

Publication Type

Journal Article

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

Commercial 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

Additional URL

http://www.sal.org.sg/digitallibrary/Lists/SAL%20Journal/DispForm.aspx?ID=579