THE DUTY TO CARE: PROGRESSIVE JUDICIAL INTERPRETATION OF THE DIRECTORS’ DUTY OF CARE AND DILIGENCE
This paper focuses on the current role of director obligations in respect of the dual public and private nature of the statutory duty of care and diligence. A discussion on the history and development of the duty will be undertaken to assist in explaining the current state and scope of directors’ obligations. The appropriateness of penalties imposed on directors who breach the duty of care and diligence is another relevant aspect that will be analysed, especially in light of recent judgments which have clarified the extent of the duty.
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