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Article
Publication date: 17 July 2007

Alice Christudason

The paper seeks to consider the basis on which a management corporation can represent original and subsequent purchasers of units in strata developments in a…

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3076

Abstract

Purpose

The paper seeks to consider the basis on which a management corporation can represent original and subsequent purchasers of units in strata developments in a representative action against developers; the significance of unit owners' share values when courts award compensation; vicarious liability; and developers' use of the “independent contractor” defence in relation to its liability for defects in common property.

Design/methodology/approach

The paper analyses cases from several common law jurisdictions, with a focus on Singapore Court of Appeal decisions.

Findings

The paper highlights the problems posed as a result of the doctrine of privity in relation to management corporations' claims against developers for defects in common property; the implications of unit holders' share values; and the circumstances in which developers can avail themselves of the independent contractor defence.

Practical implications

The paper will be instructive to developers, contractors, management corporations and both original and subsequent purchasers of units in strata developments.

Originality/value

The paper brings to focus the importance of due consideration by the management corporation before it commences a representative action on behalf of the subsidiary proprietors; and also highlights procedures and/or legislation that need to be implemented, failing which there may be financial implications that can render a “successful” litigation against the developer a pyrrhic victory.

Details

Structural Survey, vol. 25 no. 3/4
Type: Research Article
ISSN: 0263-080X

Keywords

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Article
Publication date: 2 February 2015

Kerri O’Donnell, Barry Hicks, John Streeter and Paul Shantapriyan

The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement…

Abstract

Purpose

The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’ decisions are held to increasing standards of due care and diligence.

Design/methodology/approach

This is a conceptual paper, drawing upon archival material, including statute law, case law, regulatory guidance material and media releases in Australasia. The authors review the statutory duty of care, skill and diligence expected of non-executive directors.

Findings

Whether a director has exercised an appropriate level of reasonable care and skill and/or due diligence has been a matter for the courts to decide. Such retrospective analysis leaves directors vulnerable to the uncertainty of whether their individual interpretation of diligence matches up to that of the presiding judge. The authors provide directors with a framework to apply scepticism to information and processes provided by those on whom the directors may rely.

Research limitations/implications

Two concepts are identified: reasonable reliance on others and the business judgement rule. The authors present arguments that challenge us to understand reasonable reliance, judgement and actions of directors in light of processing and information scepticism.

Practical implications

Directors do have a different role to that of auditors; incorporating scepticism can enable directors to fulfil their responsibility towards shareholders. By applying information and process scepticism, directors of companies can reduce the likelihood and magnitude of litigation costs and out-of-court settlements.

Originality/value

This paper provides a framework to apply scepticism to information and processes provided by people on whom the directors may rely.

Details

Managerial Auditing Journal, vol. 30 no. 2
Type: Research Article
ISSN: 0268-6902

Keywords

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Article
Publication date: 1 May 2006

Richard Johnstone and Michael Quinlan

The purpose of this research is to analyse the problems for occupational health and safety (OHS) regulators posed by agency work/leased labour (also known as labour hire…

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4300

Abstract

Purpose

The purpose of this research is to analyse the problems for occupational health and safety (OHS) regulators posed by agency work/leased labour (also known as labour hire in Australasia), using Australian evidence.

Design/methodology/approach

The analysis is based on an examination of prosecutions involving labour hire firms along with other documentary records (union, industry and government reports and guidance material). The study also draws on interviews with approximately 200 regulatory officials, employers and union representatives since 2001 and workplace visits with 40 OHS inspectors in 2004‐2005.

Findings

The triangular relationship entailed in labour leasing, in combination with the temporary nature of most placements, poses serious problems for government agencies in terms of enforcing OHS standards notwithstanding a growing number of successful prosecutions for breaches of legislative duties by host and labour leasing firms.

Research limitations/implications

Research to investigate these issues in other countries and compare findings with those for Australia is required, along with assessing the effectiveness of new enforcement initiatives.

Practical implications

The paper assesses existing regulatory responses and highlights the need for new regulatory strategies to combat the problems posed by labour.

Originality/value

The OHS problems posed by agency work have received comparatively little attention. The paper provides insights into the specific problems posed for OHS regulators and how inspectorates are trying to address them.

Details

Employee Relations, vol. 28 no. 3
Type: Research Article
ISSN: 0142-5455

Keywords

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Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 12 July 2013

Aiman Nariman Mohd‐Sulaiman

In recent enforcement actions by several capital market regulators in some common law jurisdictions, the issue of directors' reliance on legal advice in relation to…

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465

Abstract

Purpose

In recent enforcement actions by several capital market regulators in some common law jurisdictions, the issue of directors' reliance on legal advice in relation to compliance with their statutory duties has been raised. This paper aims to discuss the dilemma faced by directors and regulators in assessing the extent to which reliance on legal advice can provide sufficient protection against allegation of breach of directors' duties and the disclosure obligation.

Design/methodology/approach

This paper discusses recent case studies that highlight the often conflicting regulatory stance.

Findings

These cases indicate that the disclosure conundrum is a real challenge to regulators and directors alike. These enforcement activities have resulted in mixed views as to whether these decisions have rightly upheld the standard of care expected to be exercised by directors or are unduly burdensome and not pragmatic for honest and well‐meaning directors.

Research limitations/implications

The legal position is still evolving in view of the numerous regulatory actions in various jurisdictions regarding financial reporting and disclosure obligation of directors and corporations.

Originality/value

Given the numerous disclosure and reporting obligations that a listed company must comply with and the regulatory enforcement actions that may be taken against the directors, it is important for directors to understand the implication of this case and similar enforcement activities on directors' oversight duty.

Details

Journal of Financial Crime, vol. 20 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

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Article
Publication date: 1 May 1987

Geraint G. Howells

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the…

Abstract

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.

Details

Managerial Law, vol. 29 no. 5/6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 25 November 2013

Michael Clark and Charles E. Harrell

This paper aims to familiarize readers about the nature and extent of the risks that listed companies and their boards of directors face by not addressing their attention…

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1319

Abstract

Purpose

This paper aims to familiarize readers about the nature and extent of the risks that listed companies and their boards of directors face by not addressing their attention to insuring the cyber-security of their operations and not disclosing cyber-episodes and their impact on operations as suggested by the SEC's Division of Corporate Finance.

Design/methodology/approach

This article provides an overview of recent developments that led the SEC's Division of Corporate Finance to issue a non-binding guidance on cyber-security, along with an analysis of the importance of cyber-security in today's marketplace, those business sectors that already must comply with statutory and regulatory duties to safeguard private information, the applicable duties of directors under Delaware law, and an overview of the enforcement activities against companies that have experienced data breaches, as well as a discussion of private class actions that have sought damages claimed to have resulted from the negligence of companies and their boards to fulfill their duties to protect such information from being stolen due to inadequate systems and protective measures.

Findings

The SEC Division of Corporate Finance's voluntary disclosure guidance concerning cyber-security offers various, non-binding reasons for listed companies to report about cyber-events that may be material to a business operation or profitability. Listed companies and their boards face enforcement and private litigation risks in the event of a cyber-incident because of the heightened interest in cyber-security, the considerable costs likely incurred as a result of a cyber-event, and the duties they owe to exercise appropriate oversight in the face of known risks.

Originality/value

The paper provides practical explanation of developing issues by experienced corporate and litigation lawyers.

Details

Journal of Investment Compliance, vol. 14 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

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Article
Publication date: 14 May 2018

Lantana Martha Usman

The purpose of this paper is to explore female teachers and vice principal’s leadership on girls attendance and learning, safety and security issues in rural girls…

Abstract

Purpose

The purpose of this paper is to explore female teachers and vice principal’s leadership on girls attendance and learning, safety and security issues in rural girls’ schools experiencing Boko Haram insurgencies. The secondary purpose is to recommend innovative educational policy initiatives at the school, community and state levels, so as to ameliorate girls and teachers’ challenges, and to sustain girls in schools.

Design/methodology/approach

Qualitative educational research orientation and an ethnographic-narrative research design were used for the study. Purposeful sampling procedure was adopted through the selection of female teachers and a vice principal. Soft qualitative oral data (SQOD) were collected from structured interviews and focus groups and participant observation data. Data analysis engaged hand data analysis (HAD) for transcription, while the coding and theming process involved qualitative computer software data analysis (CSDA) of NVivo 8.0. The measures of validity involved the qualitative process of member checking, while ethical issues of anonymity with participants were addressed in the process of data collection, and reporting.

Findings

Major findings revealed a symbiotic relationship between female teacher’s moral leadership and the application of law of tort in the girls’ school; teachers’ adopted spiritual leadership and moral decision making process on girls’ safety, and learning motivation; and improved school community collaboration for security and safety of the girls and effective communication.

Practical implications

Educational policy options are prescribed. They include the training of teachers and girls on fire safety and conflict crisis; recruitment of female school counsellors; housing incentives for female teachers; support grassroot initiatives on school security; and sustaining school-community/parents involvement.

Originality/value

Boko Haram’s impact on teacher and school leadership in girls’ school(s) has not been studied so far. The paper is the first, thereby filling the gap of the literature on girls’ rural education and terrorism.

Details

International Journal of Educational Management, vol. 32 no. 4
Type: Research Article
ISSN: 0951-354X

Keywords

Content available
Article
Publication date: 1 September 2004

Rosalind Lee and Geoffrey Waterson

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228

Abstract

Details

Property Management, vol. 22 no. 4
Type: Research Article
ISSN: 0263-7472

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Article
Publication date: 1 July 1971

J. Eveleigh

February 22, 1971 Master and Servant — Vicarious liability — Apprentices required to travel to detached place of work — No obligation to use own transport or carry…

Abstract

February 22, 1971 Master and Servant — Vicarious liability — Apprentices required to travel to detached place of work — No obligation to use own transport or carry passengers — Mileage allowance paid by employer if own transport used — Passenger allowance payable for carriage of fellow apprentice — Apprentice injured while being driven to work as passenger of fellow apprentice — Whether employer liable for acts of apprentice while driving — Whether acting as employer's servant or agent — Insurance cover for passenger carried “by reason of… contract of employment” — Whether insurers liable.

Details

Managerial Law, vol. 10 no. 4
Type: Research Article
ISSN: 0309-0558

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