¶ … intrinsic relationship between common law doctrines of public and private nuisance and certain elements of contemporary legislation that pertain to public and private injury. Examples of the latter legislation include the Clean Air Act, the Clean Water Act, and other such mandates set up by the Environmental Protection Agency (McAdams, 2008, p
This is showing how statutory laws are designed to offer procedures for conducting bankruptcy proceedings. (Broemmel, 2013) (Miller, 2010) In the U
("Rehberg v. Paulk," 2011) (Edline, 2007) The Federal District Court refused to dismiss the motion because of the actions taken by the investigator
This is showing how statutory laws are designed to offer procedures for conducting bankruptcy proceedings. (Broemmel, 2013) (Miller, 2010) In the U
Ltd.[footnoteRef:11] The amendments of the Corporations Act 2001(Cth) holds managers, consultants as well as advisers involved in the company's management, liable in the litigation even though they may not act as directors (Byrne, 2006)[footnoteRef:12]
Excuse themselves from participating in voting any motion concerning the matter and deliberations on the matter or resign as a member of the board. Avoidance of conflict is a major responsibility of any director, therefore, equitable fiduciary duty, is the sense to avert conflicts of interest (Harris & Adams, 2011)
could be held liable for corporate wrongdoing. The law views corporations as "legal entities with the ability to poses inherent rights" (Hill, 2003)[footnoteRef:10]
Moreover, in recognition that most businesses are risky, courts are unlikely to move in and question boardroom decisions, provided the directors perform their duties devoid of personal interests. However, in case of reckless and foolish decisions, the courts will intervene (Hooper, 2011)[footnoteRef:8]
The courts emphasise the importance of company interest over any other interest, (Ramsay & Stapledon, 2001).[footnoteRef:4] The establishment of Company's corporate responsibility requires the directors to put in place an internal mechanism to regulate the actions taken by the people within the company to maintain their consistency with corporate objectives (Lipton & Herzberg, 1998)
Ltd. violated section 180 of the Corporation Act 2001, Care and diligence, subsection 2, business judgment rule (Office of Legislative Drafting and Publishing, 2012)
In circumstances of acquisition or proposed acquisition, the duty of the directors is to act in the best interest of all the shareholders of the Company. The courts emphasise the importance of company interest over any other interest, (Ramsay & Stapledon, 2001)
was of the view that a full takeover of the Company and restructuring of the management would be more benefit the shareholders, as the current management under the board of directors was not providing value for shareholders. [1: Donoghue v Stevenson [1932] AC 562] Other than policy implementation, the main responsibility of the board of directors is to monitor the corporate and executive performance of the Company (Sternberg, 1998)[footnoteRef:2]
12) However Civil law concerns private disputes between individuals or between an individual and an organization/company/business or between organizations/companies/businesses. (Kelsen, 2006, p
The same conduct led to a murder trial pertaining to the criminal side, as well as a wrongful death trial pertaining to the civil. Partly due to the difference in standards of proof, as explained earlier, there was not enough evidence for a jury to convict OJ Simpson as being guilty "beyond a reasonable doubt"(Lippman, 2007, p
This is called a system of public prosecutions. (Weston & Wells, 1976, p
123). Although this is accepted as a matter of course today, the situation was far different as late as the mid-19th century when general assemblies served as both legislatures and courts, and were used for the resolution of private disputes such as divorces (Bogus, 2011)
Common law (also known as judicial precedent or judge-made law or case law) is the body of law developed by judges, courts, and similar tribunals.
Common Law. The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of ...
Define common law: the laws that developed from English court decisions and customs and that form the basis of laws in the U.S.
Common law (also referred to as case law or precedent) is developed by judges through the decisions rendered in a legal forum, such as a court room or tribunal.