Corporate defamation: reputation, rights and remedies

Legal Studies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 264-288 ◽  
Author(s):  
Gary KY Chan
Keyword(s):  
Corporate Reputation ◽  
Governmental Functions ◽  
The Right ◽  
Alternative Remedies

This paper examines fundamental issues concerning a corporation's right to sue for defamatory attacks on its reputation, the scope of the right and the remedies available. It first outlines the opposed positions in England and Australia, respectively. It also argues that a corporation, save for a government corporation that exercises governmental functions based on markedly different rationales, should have the right to sue in defamation premised on the concept of corporate reputation as property and for the purpose of vindicating its reputation. On the question of remedies, a corporation should be entitled to recover special damages as reparation for damage to reputation provided they are proved. This paper considers, instead of presumed damages, alternative remedies for vindicating corporate reputation. Finally, it examines the business and non-business reputations of both trading and non-trading corporations in relation to claims for damages.

scholarly journals Interaction of crisis leadership & corporate reputation

2021 ◽  
Vol 15 (02) ◽  
Author(s):  
Evangelia Fragouli ◽  
Keyword(s):  
Leadership Styles ◽  
Leadership Style ◽  
Corporate Reputation ◽  
Leadership Role ◽  
Crisis Leadership ◽  
Key Factors ◽  
Crisis Situation ◽  
Good Reputation ◽  
The Right ◽  
Critical Literature

Effective leadership in dealing with a crisis is of critical importance since crisis situations often put companies or organizations at high risks threatening their reputation, stability & survival. Considering that a crisis can present itself in a number of different ways, as well as there are multiple factors that affect individual leadership styles. a leader must be able to distinguish between these ways and adapt the right style and behaviours accordingly. This paper, through a critical literature review methodology, explores ‘how’ leadership underpins corporate reputation in a crisis situation reviewing also the key factors influencing leadership effectiveness in such stressful situations. The study concludes that the leadership role is important in supporting the corporate reputation in a crisis situation and suggests that practitioners must comprehend different dimensions of crisis that affect leadership styles, allowing for effective management of the situation. Additionally, the study emphasizes that different preparations, precautions and adaptations must be considered before choosing a leadership style to effectively navigate the organisation through crisis. The study confirms that a good reputation helps corporations to gain the trust of consumers and reduce the losses caused by the crisis, as well as corporations in crisis should choose appropriate leadership style so that leaders to create a culture that could predict threats and risks.

scholarly journals Interaction of crisis leadership & corporate reputation

2020 ◽  
Vol 15 (01) ◽  
Author(s):  
Evangelia Fragouli ◽  
Keyword(s):  
Leadership Styles ◽  
Leadership Style ◽  
Corporate Reputation ◽  
Leadership Role ◽  
Crisis Leadership ◽  
Key Factors ◽  
Crisis Situation ◽  
Good Reputation ◽  
The Right ◽  
Critical Literature

Effective leadership in dealing with a crisis is of critical importance since crisis situations often put companies or organizations at high risks threatening their reputation, stability & survival. Considering that a crisis can present itself in a number of different ways, as well as there are multiple factors that affect individual leadership styles. a leader must be able to distinguish between these ways and adapt the right style and behaviours accordingly. This paper, through a critical literature review methodology, explores ‘how’ leadership underpins corporate reputation in a crisis situation reviewing also the key factors influencing leadership effectiveness in such stressful situations. The study concludes that the leadership role is important in supporting the corporate reputation in a crisis situation and suggests that practitioners must comprehend different dimensions of crisis that affect leadership styles, allowing for effective management of the situation. Additionally, the study emphasizes that different preparations, precautions, and adaptations must be considered before choosing a leadership style to effectively navigate the organisation through crisis. The study confirms that a good reputation helps corporations to gain the trust of consumers and reduce the losses caused by the crisis, as well as, corporations in crisis should choose appropriate leadership style so that leaders to create a culture that could predict threats and risks

scholarly journals An analysis of three distinct approaches to using defamation to protect corporate reputation from Australia, England and Wales, and Canada

Legal Studies ◽  
2020 ◽  
pp. 1-19
Author(s):  
Peter Coe
Keyword(s):  
Corporate Reputation ◽  
Primary Concern ◽  
England And Wales ◽  
The Right ◽  
Defamation Law

Abstract The use of defamation law to protect corporate reputation is controversial. Australia, Canada and England and Wales have been at the centre of this debate, as although their defamation laws share many common characteristics, they adopt distinct approaches to allowing companies to sue in defamation. Consequently, in all three jurisdictions defamation law remains a cause of action that is relied upon by companies to protect their reputations. The primary concern of this paper is the efficacy of these approaches,1 particularly in light of the reforms made to Australia's defamation laws, adopted in 2020, that further restrict the right of corporations to sue in defamation. Ultimately, it argues that the Australian and English and Welsh approaches disproportionately disadvantage companies, particularly small ones, whereas the Canadian approach overprotects corporate reputation. It concludes by offering an alternative way forward that, although not perfect, provides a better balance between the interests.

Integrity management—a model for effective implementation

2015 ◽  
Vol 55 (2) ◽  
pp. 483
Author(s):  
Michael Boland
Keyword(s):  
Continuous Improvement ◽  
Corporate Reputation ◽  
Management System ◽  
Process Data ◽  
Effective Implementation ◽  
Operation Costs ◽  
Operational Costs ◽  
Integrity Management ◽  
The Right ◽  
Duty Holder

The management of the integrity of hydrocarbon facilities is of fundamental importance to the duty holder to assure safety, availability of supply, and corporate reputation while minimising operational costs. The key elements of a robust integrity management system include the application of risk techniques, deploying the right people and the right tools, continuous improvement and governance. The elements in the system need to be implemented effectively. This extended abstract presents a model that shows how the elements are linked to produce a properly functioning system, including: Integrity process—data handling and management, including strategies for dealing and aggregating the vast amounts of data, use of predictive technologies, monitoring in conjunction with inspection, application of the right tools and understanding of the real requirements of site activities. Resources—priorities are properly set so resources that deliver integrity are in place. Procedures and a documented system—an effective set of documents to underpin the strategy to manage the system. Measuring performance—effective metrics are crucial to monitor performance and it is also important to close the loop on an annual basis. Governance—providing effective leadership to make integrity happen. The effective implementation of an integrity management system benefits the duty holder in assuring continuous improvement in the safety and availability of supply, and protecting corporate reputation while driving down operation costs through continuous improvement and focus.

Remedial consistency in private law

2021 ◽  
Author(s):  
Peter Jaffey
Keyword(s):  
Private Law ◽  
Unjust Enrichment ◽  
Continuity Thesis ◽  
Specific Performance ◽  
The Right ◽  
Alternative Remedies

This article is concerned with the concept of ‘remedial consistency,’ the consistency of remedial rights with primary rights in the sense I explain. I argue that the requirement of remedial consistency has important implications across private law. It suggests that the ‘continuity thesis’ does not provide a justification for the right to compensation for a wrong, and I argue that rights to compensation are not generally based on wrongdoing. I also consider whether the absence of a right to specific performance is consistent with the existence of a duty of performance, and I discuss the need for alternative remedies to be mutually consistent. I also discuss the implications of remedial consistency for the concept of unjust enrichment, and I argue on the basis of remedial consistency for the general availability of proprietary claims for invalid transfers.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

Study of charge transfer in FeTi

1983 ◽  
Vol 41 ◽  
pp. 296-297
Author(s):  
J. Taft∅
Keyword(s):  
Charge Transfer ◽  
Charge Distribution ◽  
Electron Scattering ◽  
Periodic System ◽  
Electron Distribution ◽  
Scattering Amplitude ◽  
Transition Elements ◽  
Hartree Fock ◽  
Cscl Structure ◽  
The Right

It is well known that for reflections corresponding to large interplanar spacings (i.e., sin θ/λ small), the electron scattering amplitude, f, is sensitive to the ionicity and to the charge distribution around the atoms. We have used this in order to obtain information about the charge distribution in FeTi, which is a candidate for storage of hydrogen. Our goal is to study the changes in electron distribution in the presence of hydrogen, and also the ionicity of hydrogen in metals, but so far our study has been limited to pure FeTi. FeTi has the CsCl structure and thus Fe and Ti scatter with a phase difference of π into the 100-ref lections. Because Fe (Z = 26) is higher in the periodic system than Ti (Z = 22), an immediate “guess” would be that Fe has a larger scattering amplitude than Ti. However, relativistic Hartree-Fock calculations show that the opposite is the case for the 100-reflection. An explanation for this may be sought in the stronger localization of the d-electrons of the first row transition elements when moving to the right in the periodic table. The tabulated difference between fTi (100) and ffe (100) is small, however, and based on the values of the scattering amplitude for isolated atoms, the kinematical intensity of the 100-reflection is only 5.10-4 of the intensity of the 200-reflection.

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