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论文代写 :弗雷达违约指控辩护的讨论分析


弗雷达认为违反了她的注意义务和勤奋可以通过调用业务判断规则保护自己,她可以孝顺和勤奋,服从section 180 2001年公司法(车车)如果业务判断不是高潮到任何个人利益。由于弗雷达的决定与她的个人利益没有任何关系,她可以为自己和她的违约指控辩护。

论文代写 :弗雷达违约指控辩护的讨论分析

Law: The Corporations Act 2001 defences are being reviewed by the authorities, but there are certain rules such as the judgement of rule, delegation, and relying on her acts that not accrue to her personal gain.
Application: Freda as a director of BLPL has certain defences against the charges of not taking due care and diligence in her actions. Since she has not read the due diligence report for the company entering into landscaping, she has in fact breached her duty of care and being diligent in acting for the company. She voted for the landscaping investment business when it was clearly concluded in the report that it is not good for BLPL and would not be suitable and profitable.

论文代写 :弗雷达违约指控辩护的讨论分析

She can have a defence where she can delegate her directorship to another person, which she thinks is reasonably good and responsible to act on her behalf and would not probably violate the law when acting reasonably. Since in this case she has herself not read the required report and had not delegated anyone on her behalf, she does not have this defence available. It is because the breach has already been committed. Depending on her position in BLPL, whether she is an executive director or a normal director and has some assigned responsibilities laid out in the constitution, she can defend herself that she could rely on the decision of other directors who are reasonably acting in good faith toward BLPL, see for example Australian Securities and Investments Commission v Healey [2011] FCA 717(Jacobson, 2011).
Freda having assumed to have breached her duty of care and diligence can defend herself by calling the business judgement rule through which she can be taken to be dutiful and diligent and obeying section 180 of the Corporation Act 2001 (Cth) if the business judgement taken is not to culminate into any personal advantage to her. Since Freda with her decision does not have any connection with personal advantage, she can defend herself and her allegations of breach.