The Decision in Akai: The Interaction of Apparent Authority and Knowing Receipt

7 Pages Posted: 5 Apr 2011

See all articles by Michael L. Lower

Michael L. Lower

The Chinese University of Hong Kong (CUHK) - Faculty of Law

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

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

Michael L. Lower (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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