The Product Liability Responsibilities of Successor Corporations
本文回顾了并购中继承公司承担产品责任的法律依据,分析了法院扩大责任范围的两种路径,并讨论了公共政策与管理启示。
The liability of firms that merge with, take over the assets of, or acquire the products of other companies is governed by the terms of the asset purchase agreement and the behavior of the firms subsequent to the agreement. Here, the authors review these two aspects of mergers and acquisitions and discuss the public policy and managerial implications of holding successor firms liable. The authors show that courts recently have expanded corporate liability under two of the six approaches available for making organizations take responsibility for injuries associated with the predecessor firm's products.