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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Data protection handbook

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

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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.

Series: Studies in Comparative Corporate & Financial Law

Criminal Finance ISBN 9789041198648
Published June 2004
Kluwer Law International
Money Laundering Control in the Caribbean ISBN 9789041199058
Published April 2003
Kluwer Law International
Corporate Liability
ISBN 9789041198464
Published June 2001
Kluwer Law International
Banks as Financial Advisers ISBN 9789041198280
Published February 2001
Kluwer Law International
International Contracts and National Economic Regulation ISBN 9789041198105
Published December 2000
Kluwer Law International
Money Laundering and Financial Intermediaries ISBN 9789041197955
Published July 2000
Kluwer Law International
Directors' Duties: A New Millenium, A New Approach? ISBN 9789041197887
Published April 2000
Kluwer Law International
Regulating the Financial Services Sector
George P. GilliganLogan Research Fellow, Department of Business Law and Taxation, Monash University, Australia
ISBN 9789041197573
Published December 1999
Kluwer Law International
Shareholder Voting Rights and Practices in Europe and the United States ISBN 9789041197504
Published October 1999
Kluwer Law International
Conflicting Legal Cultures in Commercial Arbitration: Old Issues and New Trends
Edited by: Frommel, Rider
ISBN 9789041112279
Published September 1999
Kluwer Law International
Conflicts of Interest and Duty
Chizu NakajimaSenior Lecturer, City University Business School, London
ISBN 9789041196989
Published February 1999
Kluwer Law International
The Legal Basis of Corporate Governance in Publicly Held Corporations ISBN 9789041196637
Published July 1998
Kluwer Law International