Title

Director's duties of care - Issues of classification, solvency and business judgment and the dangers of legal transplants

Date of this Version

1-1-2011

Document Type

Journal Article

Publication Details

Published version

Farrar, J. H. (2011). Director's duties of care - Issues of classification, solvency and business judgment and the dangers of legal transplants. Singapore Academy of Law Journal, 23 (Special Issue), 745-761.

Access the publisher's website.

2011 HERDC submission. FoR code: 180109

© Copyright contributors and Singapore Academy of Law, 2011

ISSN

0218-2009

Abstract

In the Anglo-American world and Singapore, the duties of care of directors developed in equity, statute and common law. This leads to complications. Some jurisdictions now have a business judgment rule which gives directors immunity from suit by the company if certain conditions are fulfilled. The question is whether the rule can be transplanted, what are the consequences and in particular what should be the relationship with insolvent trading.

 

This document has been peer reviewed.