IS IT TIME TO KILL OFF HAMPSHIRE LAND?
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In the early development of English Company Law it was doubted whether a company could be deemed to have the necessary “malice or motive” for most criminal and many tortious liabilities. This view was rejected by the Privy Council in Citizens’ Life Assurance Co Ltd v Brown, which led to the concept of a company having attributed to it personally (as against vicariously) the thoughts and actions of its “directing mind and will”. This was famously explained in a further House of Lords decision, Lennard’s Carrying Co Ltd v Asiatic Petroleum Co Ltd.
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