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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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The Impact of Modern Influences on the Traditional Duties of Care, Skill and Dilligence of Company Directors

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Demetra ArsalidouSchool of Law, University of Exeter

ISBN13: 9789041198518
ISBN: 9041198512
Published: September 2001
Publisher: Kluwer Law International
Format: Hardback
Price: £109.00

Despatched in 10 to 12 days.

Although all are agreed that current commercial realities dramatically affect the duties owed by directors to their companies, there is as yet no consensus on what, if anything, should be done about it. Some urge reform, or at least modification, while others insist that the traditional standard which may be expressed generally as ""such care as is reasonably expected, having regard to the director's knowledge and experience"" - has the great merit of flexibility. In an initiative aimed at clearing this impasse, the English and Scottish Law Commissions have proposed a statutory formulation, on the grounds that this would at least bring more certainty and clarity to the applicable standards. This book delves into the issues surrounding this debate, presenting the arguments for and against a statutory statement, with in-depth analysis of the various degrees of reform that could be brought to bear on the issue.

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Abstract. Acknowledgements. Table of Contents. Table of Cases. Table of Legislation.
1. Introduction.
2. A Chronological Analysis of the Case Law Surrounding the Duties of Care, Skill and Diligence.
3. A Historical Outline of the Duties, and a Comparative Analysis with the Contractual Standards of Care, Skill and Diligence and Civil Law Jurisdictions.
4. The Duties of Care, Skill and Diligence: Critical Analysis of the Current Law.
5. A Comparison with the Law of Trusts.
6. Liability under Tortiuos Principles.
7. Australia and England -- A Comparison.
8. United States and England -- A Comparison 9. The Impact of Section 214(4) of the Insolvency Act 1986 on the Directors' Duties to the Company.
10. The Influence of the Company Directors Disqualification Act 1986 on the Common Law Duties to the Company.
11. Concluding Remarks and Recommendations.
12. Conclusions. Bibliography.