The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes

The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes

Includes bibliographical references. === The South African law concerning directors' duties is intricate under both the common law and the Companies Act. This is an area of corporate law which allows for a wealth of practical and theoretical difficulty. I aim to deconstruct the intricacy of the...

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Main Author: Leach, James
Other Authors: Idensohn, Kathy
Format: Dissertation
Language:English
Published: University of Cape Town 2014
Online Access:http://hdl.handle.net/11427/9615
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spelling ndltd-netd.ac.za-oai-union.ndltd.org-uct-oai-localhost-11427-96152020-10-06T05:11:32Z The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes Leach, James Idensohn, Kathy Includes bibliographical references. The South African law concerning directors' duties is intricate under both the common law and the Companies Act. This is an area of corporate law which allows for a wealth of practical and theoretical difficulty. I aim to deconstruct the intricacy of the American experience of the business judgment rule, with particular reference to the rule in Delaware, so as to present what I perceive to be the correct practical application of the rule in South African corporate law. This dissertation does not address the wisdom of the decision to transplant and codify the American business judgment rule within the Companies Act. 2014-11-14T19:48:10Z 2014-11-14T19:48:10Z 2014 Master Thesis Masters LLM http://hdl.handle.net/11427/9615 eng application/pdf University of Cape Town Faculty of Law Department of Commercial Law
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language English
format Dissertation
sources NDLTD
description Includes bibliographical references. === The South African law concerning directors' duties is intricate under both the common law and the Companies Act. This is an area of corporate law which allows for a wealth of practical and theoretical difficulty. I aim to deconstruct the intricacy of the American experience of the business judgment rule, with particular reference to the rule in Delaware, so as to present what I perceive to be the correct practical application of the rule in South African corporate law. This dissertation does not address the wisdom of the decision to transplant and codify the American business judgment rule within the Companies Act.
author2 Idensohn, Kathy
author_facet Idensohn, Kathy
Leach, James
author Leach, James
spellingShingle Leach, James
The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
author_sort Leach, James
title The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
title_short The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
title_full The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
title_fullStr The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
title_full_unstemmed The correct understanding of the Business Judgment Rule in Section 76(4) of the Companies Act 71 of 2008: avoiding the American mistakes
title_sort correct understanding of the business judgment rule in section 76(4) of the companies act 71 of 2008: avoiding the american mistakes
publisher University of Cape Town
publishDate 2014
url http://hdl.handle.net/11427/9615
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