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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.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Commercial Law
2014
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| _version_ | 1867613330694209536 |
|---|---|
| access_status_str | Open Access |
| author | Leach, James |
| author2 | Idensohn, Kathy |
| author_browse | Idensohn, Kathy Leach, James |
| author_facet | Idensohn, Kathy Leach, James |
| author_sort | Leach, James |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/9615 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:34:25.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/9615 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 Department of Commercial Law Faculty of Law University of Cape Town |
| 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 |
| thesis_degree_str | Master's |
| 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_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_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_sort | correct understanding of the business judgment rule in section 76 4 of the companies act 71 of 2008 avoiding the american mistakes |
| url | http://hdl.handle.net/11427/9615 |
| work_keys_str_mv | AT leachjames thecorrectunderstandingofthebusinessjudgmentruleinsection764ofthecompaniesact71of2008avoidingtheamericanmistakes AT leachjames correctunderstandingofthebusinessjudgmentruleinsection764ofthecompaniesact71of2008avoidingtheamericanmistakes |