This chapter examines the duties placed upon company directors. These include the duty to act within the company’s powers, to promote the success of the company, to exercise independent judgment, to exercise skill and care, and the various duties relating to conflicts of interest (such as the duty to avoid a conflict of interest, and the duty not to accept benefits from third parties). It describes the company transactions that require member approval and explains the limitation period for an action alleging breach of duty by a director. This chapter also considers the ways a director who is liable for breaching his duties may obtain relief from liability.
Chapter
22. Directors’ duties
Chapter
13. An introduction to the law of torts
This chapter provides an introduction to the law of torts. It explains that the objectives of tort law are to compensate those who suffer harm, to deter conduct that causes harm, and to protect legitimate interests. Tort law, along with contract law, forms the backbone of Britain’s civil justice system and is of immense importance to the business community because it represents a significant source of legal exposure for businesses. The chapter provides an introduction to the concept of the duty of care, as well as discussing who can sue and be sued in the event of a breach of duty. Finally, the chapter discusses how the law of torts has been affected by the European Convention on Human Rights.
Chapter
14. The tort of negligence
This chapter focuses on the tort of negligence. It explains that under the English legal system, negligence can be defined as a breach of a legal duty to take care which results in damage to the claimant. It suggests that negligence is the most important tort and is central in allowing victims to obtain compensation for injuries that they suffer. The chapter discusses in detail the four requirements for establishing negligence, namely the establishment of a duty of care, breach of duty, causation, and remoteness. This chapter also discusses the current test to establish a duty of care which includes foreseeability of damage, proximity, and fairness of the imposition of a duty.
Chapter
11. The Tort of Negligence
This chapter discusses the difference between the law of torts and contract and criminal law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.
