Skill And Diligence Imposed On A Director Were Set At A Low Threshold: Company Law, TCD, Ireland

Questions: 

1. Skill and diligence imposed on a director were set at a low threshold and a director could get away w IN being as inept and as absent as he liked. In the past 30 years. there has been a paradigm shift in legishoise and judicial attitudes to the stamina caNcted of directors Cum: ally analyze the duty of care. skill and diligence expected of the modem director using case law and legislate c provisions to support your answer.

2. Samar and Samantha are husband and wife. Samantha and her brother Paddy each own 40′. of the sure capital of Proper Printing, I did. the company” and Saint, own. the remaining 20′. The company has adopted all the optional prominent of the Companies Act 2014 without any amendment or additional position the company is involved m graphic design technology and due to Sanur’s expense in this field. II has been %cry successful. Samar. Samantha and Paddy are all directors of the company but Samir is the only executive director. working long hours to ensure the company’. success Samantha and Paddy have no active insulin cement in the company other than attending board meetings and instead, they spend than time partying. chopping and golfing Fsernually Sam’:Ind Samantha agree• to an amicable in. Of CC and under the terms of the donor. there are no changes in Tenn. of the ownership and management of the company. Sarni eventually tires of working long hours while his former wife’s brother-in-law enjoys the benefits of the company’s success. One day Sunir spots an empty *alehouse on the quays a chain Ile take, a big risk financially and ten up another company. I- returned Ind. It owns 100″. of the slums and is the sok director of this new company. This company buys. the warehouse. borrows runway and content the warehouse into linen apartment While Satiny is busy with his new project, he only mends 10 hours a day working for the company. As a result of the company low. c 25′. of its normal printing business opportunities and etc profits are declining. Eventually, Samantha discovers that Sarno has made I-2m limn his involvement with Freeland Ltd.

3. It has Itutercd away neatly alp her cash she calla a board meeting of the company and with her brother’s support, the board of directors decides to sue Samar for breach of his fiduciary duties to the company. It seeks your ads. we as A together the company can succeed in such an action and what the consequences would he or him In seeking your ads Ke. he wants you to include inter ale m your opinion whether the 1011owing fa cton will influence a coun’s decision in relation to any pokmfial breach.