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- Title
DIRECTORS' LIABILITY IN NEGLIGENCE – CHALLENGING THE "ELEMENTS OF THE TORT" APPROACH.
- Authors
Stace, Victoria
- Abstract
This article suggests that the "elements of the tort" approach to directors' liability in negligence to third parties should be discontinued on the basis that assumption of responsibility as a threshold test is not an element of the tort of negligence or negligent misstatement and a more constructive approach would be to address the policy issues associated with imposing liability on directors as part of the two-stage duty of care inquiry.
- Subjects
DIRECTORS' liability; TORT liability of corporations; NEGLIGENCE; INDUSTRIAL policy; NONPROFIT organizations
- Publication
Victoria University of Wellington Law Review, 2016, Vol 47, Issue 3, p485
- ISSN
1171-042X
- Publication type
Article