The Decision in Akai: The Interaction of Apparent Authority and Knowing Receipt
7 Pages Posted: 5 Apr 2011
Date Written: April 4, 2011
Abstract
The recent decision of Hong Kong's Court of Final Appeal in Thanakharn Kasikorn Chamkat (Mahachon) v Akai Holdings Ltd ([2010] HKEC 1692, CFA) illustrated the interaction of parallel claims in the tort of conversion and for knowing receipt when a director wrongly claims to be entitled to give a lender security over corporate assets that are then disposed of in exercise of the lender's (non-existent) security rights.
Keywords: Company law, security, agency, apparent authority, knowing receipt
JEL Classification: K11, K12
Suggested Citation: Suggested Citation
Lower, Michael L., The Decision in Akai: The Interaction of Apparent Authority and Knowing Receipt (April 4, 2011). Available at SSRN: https://ssrn.com/abstract=1802325 or http://dx.doi.org/10.2139/ssrn.1802325
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