Impose a duty on directors, Business Law and Ethics

Assignment Help:

Impose a duty on directors:

A company is, however, free to impose a duty on its directors to attend board meetings within a certain period of time and to prescribe the consequences of a breach of the duty. See, for example, Table A, Article 88(f).

In respect of all duties which having regard to the exigencies of business so, and the articles of association there may properly be left to several other official, a director is, in the absence of grounds for suspicion, warranted in trusting that official to perform such duties honestly.

Whether a director is to be made liable then it can only be on the basis of his personal negligence, and it is not negligence to delegate some responsibilities to officials or employees of the company whose previous conduct has given no grounds for distrust or suspicion.

In DOVEY v CORY a director was held not liable for negligence merely because he had failed to verify false information regarding the company's accounts which he had been given by the company's manager and managing director. The court stated:

"Business cannot be carried on upon principles of distrust. Men in responsible positions must be trusted by those above them, with those below them there through until there is reason to distrust them. Because we agree that care and prudence do not involve distrust."


Related Discussions:- Impose a duty on directors

Teleological approach to client representation- case, Bobby K is pursuing t...

Bobby K is pursuing the teleological approach to client representation, meaning that the result is all he's after - case closed! Not exactly a win-win but a "settlement" and closur

Show the number of phoenix operators, Q. Show the Number of phoenix operato...

Q. Show the Number of phoenix operators ? A key challenge in quantifying phoenix activity is estimating the number of companies engaging in the activity. In 2001/02, 1.6% of co

Functions and powers of the united nations general assembly, What are the f...

What are the functions and powers of the United Nations General Assembly? The functions and powers of the United Nations General Assembly are as illustrated here: • To see a

What are types of segments required for decision, What are types of segment...

What are types of segments required for decision? A judge’s decision is made up of two segments, which are given below: a. Obiter dicta: Things said through the way on

Contents of the notice - meetings and resolutions, Contents of the Notice: ...

Contents of the Notice: The notice convening a meeting must be clear and explicit so that the person receiving it may be in a position to decide whether or not he ought in his

What do you understand by collective bargaining, QUESTION 1 Outline the...

QUESTION 1 Outline the procedure and criteria for the granting of recognition of representational status and recognition of negotiating rights QUESTION 2 (a) What do yo

Graphically illustrate a drp system, Question 1: Describe the types of ...

Question 1: Describe the types of pallets that exist, and suggest the one that is more suitable to an organization that has a high variety of low-value items, which high stock

Recovery of possession of goods, Recovery of Possession of Goods Howev...

Recovery of Possession of Goods However below S.15 where two-thirds or more about the hire-purchase price has been paid the owner is such precluded from enforcing the rights a

Small essay, i.Over the years a number of systems have been developed which...

i.Over the years a number of systems have been developed which record coded information across a range of factors about disabilities in ethnic communities. A new coding convention

Contract law problems, Case Study Cathy's septic tank at her house was ...

Case Study Cathy's septic tank at her house was old and it suddenly stopped  working.  On 9 June 2008 she called Dave, the owner of Septix Pty Ltd (-Septix?), to urgently give

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd