By M. Coombes Davies
A massive and sensible consultant for the development specialist, this booklet permits the reader to understand the character and seriousness of large ranging legal responsibility within the building undefined. The question-and-answer structure makes it easy, direct and simple to exploit.
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Extra resources for Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry
A director is not bound to give continuous attention to the affairs of his company. His duties are of an intermittent nature to be performed at periodical board meetings, and at meetings of any committee of the board upon which he happens to be placed. He is not bound to attend all such meetings, although he ought to attend whenever in the circumstances he is reasonably able to do so. 3. In respect of all duties (having regard to the exigencies of business and the articles of association) which may properly be left to some other official, a director is, in the absence of grounds for suspicion, justified in trusting that official to perform such duties honestly.
A similar principle also applies to statements. For example, a partner in a building and repair business is present when his co-partner makes a false statement concerning a process to be applied to a customer’s roof. He does not correct that statement, though both of them act together equally in the firm. The first partner will be held to have committed an offence. However, if the partner was acting on his own account and for his own benefit, he alone will be responsible for the consequences of his actions.
While the appointment and power of a director are governed by a company’s articles of association, the acts of a director shall be valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification. On numerous occasions the acts of a director have been referred to as those of a trustee. Although directors are not, properly speaking, trustees, they have always been considered and treated as trustees of that money which comes into their hands or which is actually under their control.
Avoiding Claims : A Practical Guide to Limiting Liability in the Construction Industry by M. Coombes Davies