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)
|Article Title||When companies are harmed by their own directors : the defects in the statutory derivative action and the cures (Part 2)|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Affiliations||1 University of Pretoria|
|Publication Date||Jan 2013|
|Pages||301 - 322|
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.
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