Discuss common law and statutory duty, Business Law and Ethics

Part A

A director has a duty to exercise care, skill and diligence at common law and also a statutory duty of care and diligence under s180 (1) Corporations Act 2001 (Cth) in carrying out their duties to the company they are director of. Discuss the key elements of establishing that a director has breached both this common law and statutory duty.

Part B

Consider the position of a shareholder who has become increasingly concerned that the directors of the company have diverted business (and therefore profit) away from the company. What legal options does the shareholder have in trying to make the directors stop doing this? In your answer please clearly discuss the applicable law and explain why you believe it is appropriate.

 

 

 

Posted Date: 2/26/2013 4:37:23 AM | Location : United States







Related Discussions:- Discuss common law and statutory duty, Assignment Help, Ask Question on Discuss common law and statutory duty, Get Answer, Expert's Help, Discuss common law and statutory duty Discussions

Write discussion on Discuss common law and statutory duty
Your posts are moderated
Related Questions
Fraudulent Trading: Section 323 provides that if, in the course of the  winding up of a company, it appears that any business of the company has been carried on with intent to

Explain UNSC Resolution 1624  and when it is passed The most-recent such resolution is UNSC Resolution 1624 passed in the year 2005. It states: "1. Calls upon all States to

Describe the Social conditions of multiple streams Social conditions that are not defined as problems, and for which alternatives are never proposed, never become policy issues

Define the term- international implications of enforcement Agencies cooperate over time, they converge towards common principles that might then serve as the foundation for the

QUESTION (a) Under the UTM Regulations, an unsatisfied student can entertain an academic appeal within 10 days from the date he gets his result. X gets his result on the 3rd of

Determine the concept of credibility Let us make it clear that credibility of a policy and that of a policy maker are two different things. Institutional constraints may make a

a) Explain two scenarios in which a restraint of trade clause would typically be used. b) Suppose your employer wanted to include a restraint of trade clause in your employment

Fran is a 68 year old female patient with a history of diabetes.  Fran separated from her husband, Derek, 3 years ago (although they are not divorced) and over the past few years t


Question 1: Analyze the contribution and role of logistics in the provision of good customer service. Question 2: Discuss the case for and against using in-house or t