5. Director’s Duties Director’s Duties are part of the idea of risk management; because they take risks all the time‚ they require a certain element of regulation. The law must provide a way of mitigating against the risk‚ so creditors and shareholders can have potential recourse. This is all done indirectly; the company will recover in the event of a breach of duty arising. If the company recovers and suffers no harm‚ then that protects shareholders and makes sure their investments are secure.
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Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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DUTY OF CARE A Tort is a civil wrong‚ which is an action brought to enforce‚ redress or protect rights or noncriminal litigation. There are many Torts‚ however‚ of importance is Negligence. Negligence is the failure to do something a person of ordinary prudence would do. Negligence protect against personal injury‚ damage to property and economic loss. In order to establish negligence four elements must be established. Firstly‚ the plaintiff must prove that a duty of care was owed. Secondly‚ the
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officers and directors duty of care under the corporations act and what consequences will be made if such breaches occur. Another issue is whether there have been any breaches of directors duties in relation to insolvent trading and what defences are available for directors who have breached their duties. And also what consequences are in order if such breaches occur. Issue 1: Breaches of a Director’s and Officer’s Duties under the Corporations Act. Director’s duties are supported by the
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Statutory duties Main statutory duties of a director are provided by s.132 • Where a director breaches common law duties‚ these statutory provisions impose criminal liabilities. • S.132(1) is a general provision that requires directors to act ‘honestly’ at all times and use reasonable diligence in the exercise of their powers. Any breach of fiduciary duty • Duty imposed on directors to avoid conflict of interest by not using confidential information they obtain by virtue of their position
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To what extent is Ethical Language meaningful? We often hear of people being told how they should behave and they should live their lives; sometimes through advice and sometimes via the governments of countries. However‚ we can never truly know what ‘good’ and ‘bad’ is‚ there is nothing that confirms or denies what each of these mean‚ there is only your opinion. Looking at the meaningfulness and usefulness of ethical language is known as Meta ethics. It also sets out to understand terms used in
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To what extent is government investment in businesses manufacturing in the UK the most significant factor in the revival of British Industry? Justify your answer with reference to your own research and the item above. Plan: https://www.gov.uk/government/publications/food-and-drink-in-the-uk-investment-opportunities/food-and-drink-in-the-uk-investment-opportunities Food Food and drink is the largest manufacturing sector in the UK with turnover of £76 billion. With over 8‚000 companies in this industry
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C O L L E C T I O N www.hbr.org How to stay on top of your leadership game? Don’t mimic the pros—make your own moves instead. What Great Leaders Do Included with this collection: 2 Moments of Greatness: Entering the Fundamental State of Leadership by Robert E. Quinn 14 What Great Managers Do by Marcus Buckingham 26 Level 5 Leadership: The Triumph of Humility and Fierce Resolve by Jim Collins Product 1479 Collection Overview It’s a frustrating fact of leadership:
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Do you agree with Christopher that people rely on intuition (their gut instincts) too much? Consider yourself: recall a time when you had to make an important decision. Did you use mostly logic or reason to make the decision‚ or did you rely more on intuition? What was the result of your choice? In the end‚ were you happy with the way things turned out‚ or do you feel that you should have approached the decision differently (using more logic or perhaps trusting your instincts more). Write a
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Security Breach Plan Bridget Baca HCS/533 January 28‚ 2012 Chong Daleiden Security Breach Plan Patient privacy and security is one of the most important aspects of the St. Johns Hospital code of conduct‚ they take pride in the sound policies and procedures set to maintain customer confidentiality. Each employee is held to a high standard of maintaining the highest level of privacy and confidentiality when it comes to patient health information (PHI). This paper will outline the plan that
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