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The prevention of conflict of interest as a fiduciary duty in South African Company Law
Mini Dissertation (LLM (Corporate Law))--University of Pretoria 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613503911624704 |
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| access_status_str | Open Access |
| author2 | Scott, Johan (T. Johan) |
| author_browse | Scott, Johan (T. Johan) |
| author_facet | Scott, Johan (T. Johan) |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Corporate Law))--University of Pretoria 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/77487 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:11.641Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/77487 The prevention of conflict of interest as a fiduciary duty in South African Company Law Scott, Johan (T. Johan) marco@arc-attorneys.co.za Arcangeli, Marco Kalim Corporate Law UCTD Mini Dissertation (LLM (Corporate Law))--University of Pretoria 2020. First, the nature, ambit and effect of the director’s fiduciary duty to prevent conflict of interest (“the fiduciary duty”) as it is statutorily set out in the Companies Act 71 of 2008 (the “Companies Act” or “Act”) will be canvassed. Secondly, it will be demonstrated that a proper understanding of the common law concepts underpinning the Act is essential for both a proper understanding and effective application of the fiduciary duty as found in the Act. Thereafter, the paper will set out and consider the distinction between the “no profit” and the “corporate opportunity” rules. Further, the paper will examine whether and to what extent the distinction is applied and maintained by our courts. Also, this paper will explore the operation of the fiduciary duty post-resignation of directors and senior company officials. Next, consideration will be given to liability for breach of the fiduciary duty and the relevant remedies flowing therefrom. The research methodology employed throughout will be a non-empirical comparative analysis of existing case law, legislation, and academic writings on the topic to contextualize the fiduciary duty and attempt to capture its essential elements at the legislated and common law levels. The choice of English and Canadian Law for a comparative study is motivated by the fact that common law origins of the duty and subsequent approach to the continued application thereof by the aforementioned jurisdictions. Mercantile Law LLM (Corporate Law) Unrestricted 2020-12-23T07:30:42Z 2020-12-23T07:30:42Z 2021 2020 Mini Dissertation Arcangeli, MK 2020, The prevention of conflict of interest as a fiduciary duty in South African Company Law, LLM (Corporate Law) Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/77487> A2021 http://hdl.handle.net/2263/77487 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Corporate Law UCTD The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title | The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title_full | The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title_fullStr | The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title_full_unstemmed | The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title_short | The prevention of conflict of interest as a fiduciary duty in South African Company Law |
| title_sort | prevention of conflict of interest as a fiduciary duty in south african company law |
| topic | Corporate Law UCTD |
| url | http://hdl.handle.net/2263/77487 |