15. What standard of “care and diligence” is required to satisfy their obligations under s 180(1)? Please refer to Danie
Posted: Tue Jul 05, 2022 11:26 am
15. What standard of “care and diligence” is required to satisfytheir obligations under s 180(1)? Please refer to Daniels [17.370],Healey [17.390] and, particularly, the recent HCA decision,Cassimatis [17.410].
16. What is the “business judgment rule”? In what circumstancesdoes the rule operate to protect a director who might otherwise bein breach of s 180(1)? Please refer to Rich [17.440] and Mariner[17.450] and explain why, in both cases, the defendant directorsuccessfully argued that the business judgment rule operated
17. Explain the concept of a fiduciary duty and outline thefiduciary obligations of a director. To whom is the duty owed andin what circumstances? Refer to Adler [17.470], Cummings [17.490]and Vizard [17.500].
18. What is the effect of s 184(1)?
19. What are the penalties for breaches of ss 180–183 and s 184?.
20. What disclosure obligations do directors and others haveunder s 191?
16. What is the “business judgment rule”? In what circumstancesdoes the rule operate to protect a director who might otherwise bein breach of s 180(1)? Please refer to Rich [17.440] and Mariner[17.450] and explain why, in both cases, the defendant directorsuccessfully argued that the business judgment rule operated
17. Explain the concept of a fiduciary duty and outline thefiduciary obligations of a director. To whom is the duty owed andin what circumstances? Refer to Adler [17.470], Cummings [17.490]and Vizard [17.500].
18. What is the effect of s 184(1)?
19. What are the penalties for breaches of ss 180–183 and s 184?.
20. What disclosure obligations do directors and others haveunder s 191?