Publication Type

Journal Article

Version

publishedVersion

Publication Date

9-2016

Abstract

This article examines the issues that arise when the tort ofconspiracy by unlawful means is used, as an alternative to veil-piercing,either to extend a company’s liability to its controllers, or to enable acontroller’s creditors to reach the assets of company under his or her control.It observes that the tort of conspiracy is a particularly potent mechanism forthese purposes because of its potentially broad reach. A liberal application ofconspiracy liability to companies and their insiders would therefore underminethe company’s separate legal status as well as the benefits of incorporation.For that reason, the application of the tort, and of private law principles ingeneral, is not free from the policy debates that inform veil-piercing cases. Akeen appreciation of how these policies are engaged is therefore necessary forthe proper delineation of the tort in the corporate context.

Discipline

Commercial Law | Torts

Publication

Torts Law Journal

Volume

23

Issue

3

First Page

257

Last Page

274

ISSN

1038-5967

Publisher

Butterworths

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