How do we assess the risk of personal liability for directors arising out of tortious acts?

Byrne, Mark (2017) How do we assess the risk of personal liability for directors arising out of tortious acts? Australian Journal of Corporate Law, 32. pp. 351-367. ISSN 1037-4124

Abstract

This is well-recognised as a confusing area of the law. This question is still unsettled today even though the first test which attempted to resolve the
matter was introduced in 1924. Further tests have developed and a great deal of scrutiny has been given to them all as alternatives to a solution. This article attempts to summarise the origins of the law and then follow its
progress in order to propose a way forward that may provide the certainty and predictability that directors must crave to properly assess their personal risk. It will be argued that all tests should not have to stand alone but contribute to a scale of analysis that will find a director either a primary or joint tortfeasor.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Published version embargoed until 1 Jan 2020 (2 years), in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 04 Apr 2018 06:22
Last Modified: 04 Apr 2018 06:22
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180109 Corporations and Associations Law
URI: http://eprints.usq.edu.au/id/eprint/33932

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