The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss
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...
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Institutional Knowledge at Singapore Management University
2011
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sg-smu-ink.sol_research-30352018-08-24T01:21:58Z The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss KOH, Pearlie 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. 2011-01-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1083 https://ink.library.smu.edu.sg/context/sol_research/article/3035/viewcontent/PearlieKohTheShareholders.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Commercial Law |
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Asian Studies Commercial Law KOH, Pearlie The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
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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. |
| format |
text |
| author |
KOH, Pearlie |
| author_facet |
KOH, Pearlie |
| author_sort |
KOH, Pearlie |
| title |
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
| title_short |
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
| title_full |
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
| title_fullStr |
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
| title_full_unstemmed |
The Shareholder’s Personal Claim: Allowing Recovery for Reflective Loss |
| title_sort |
shareholder’s personal claim: allowing recovery for reflective loss |
| publisher |
Institutional Knowledge at Singapore Management University |
| publishDate |
2011 |
| url |
https://ink.library.smu.edu.sg/sol_research/1083 https://ink.library.smu.edu.sg/context/sol_research/article/3035/viewcontent/PearlieKohTheShareholders.pdf |
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