Is Bad-Faith the New Wilful Blindness?: The Company Directors’ Duty of Good Faith and Wilful Blindness Doctrine Under Common Law...
- ISBN-10
- 1490784535
- ISBN-13
- 9781490784533
- Category
- Law
- Pages
- 128
- Language
- English
- Published
- 2017-10-23
- Publisher
- Trafford Publishing
- Author
- Jo Bac
Description
This books focus is on one particular corporate governance risk that arises from the similarities between traditional elements of a willful blindness cause of action and those of company directors bad faith. An essential aspect of any consideration of corporate governance is the role played by the directors of companies who might have been facilitating the wrongdoing, in part, by remaining willfully blind while falling foul of the good-faith obligation. This study investigates cross application of the doctrines of good faith and willful blindness in company law in Delaware, USA, in comparison with company law in England, UK, with relation to company directors conduct. Here is the argument that courts in both legal systems under a particular set of conditions and hearing cases of company directors falling foul of the good-faith obligation should consider whether the willful-blindness doctrine sheds light on the interpretation of company directors alleged misconduct. A positive consideration of this approach could expand the courts horizons to include the most apparent individuals, namely the company directors, to face liability concerns for corporate disasters.
Get the book
Similar books
-
Is Bad-Faith the New Wilful Blindness?: The Company Directors' Duty of Good Faith and Wilful Blindness Doctrine Under Common Law...
By Jo BacThis book focus is on one particular corporate governance risk that arises from the similarities between traditional elements of a 'wilful blindness' cause of action, and those of company directors 'bad faith'.
-
In Bad Faith: The Dynamics of Deception in Mark Twain's America
By Forrest Glen RobinsonThis deeply perceptive book will be of interest to students of American literature and history and to anyone concerned with moral issues.
-
International Domain Name Law: ICANN and the UDRP
By David LindsayTwo important issues are the institutional arrangements for governing the DNS and the use of trade marks as domain names. This book is the first complete statement of this rapidly-evolving area of the law.
-
Germany, Greece, Lithuania, Hungary
By Wolfgang FaberA spouse may only dispose of immovable property, and also securities which form part of the conjugal community property, with the written ... There also are some restrictions imposed by property law. ... (b) The right of trust.
-
Europe's Last Chance: Why the European States Must Form a More Perfect Union
By Guy VerhofstadtAnyone who sees in this the creation of a superstate is either acting in bad faith or willfully blind. The new union, as a federation, would acquire more competences only where they would generate effective added value.
-
Acquisition and Loss of Ownership of Goods
By Wolfgang Faber, Brigitta LurgerFor England and Wales, see Verbeke (-Hayton and Matthews), International Encyclopaedia of Laws – Property and Trust Law: England and Wales, 77 et seq.; Thomas and Hudson, The Law of Trusts2. Trusts are also recognised in Irish, ...
-
Fixing American Cybersecurity: Creating a Strategic Public-Private Partnership
By Larry ClintonUS HHS , Report on Improving Cybersecurity . ... Paul Bischoff , “ Ransomware Attacks on US Health Care Organizations Cost $ 20.8bn in 2020 , " Comparitech , March 10 ... Data Breach Investigations Report , " Verizon , accessed ...
-
A Reconciliation without Recollection?: An Investigation of the Foundations of Aboriginal Law in Canada
By Joshua Ben David NicholsOxford: Blackwell, 1998. – On Certainty. Edited by G.E.M. Anscombe and G.H. von Wright. Oxford: Blackwell, 1974. – Philosophical Investigations. Translated by G.E.M. Anscombe. 3rd ed. Oxford: Blackwell, 2001.
-
The Contract of Employment
By Alan Bogg, Mark FreedlandWritten by a team of world-leading experts, this book sets the contract of employment in its theoretical context and provides a detailed doctrinal analysis of the subject.