1887

n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - When companies are harmed by their own directors : the defects in the statutory derivative action and the cures (Part 2)

USD

 

Abstract

Until the Act is amended (or failing amendment), the courts will have to engage more intimately with the business judgment rule. As explained above (in part 1 of this article), the business judgment rule is incorporated, in modified form, in the derivative action through the third limb of the rebuttable presumption. Paragraphs IV and V of the present article focus on the application of the business judgment rule and the rebuttable presumption in the context of derivative actions.

Loading

Article metrics loading...

/content/ju_samlj/25/3/EJC144086
2013-01-01
2016-12-06
This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error