Sample Essay on:
UK Company Law; Re Brazilian Rubber Plantation and Estates Ltd [1911] 1 Ch 425

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Essay / Research Paper Abstract

This 5 page paper considers this land mark case, the principles it set in common law and how this may be interpreted in relationship to modern company law. The bibliography cites 5 sources.

Page Count:

5 pages (~225 words per page)

File: TS14_TEbrazrb.rtf

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Unformatted sample text from the term paper:

an expectation gap. One of the well known cases is that of Re Brazilian Rubber Plantation and Estates Ltd [1911] 1 Ch 425 at 437. This can be seen as one of the key cases that outlines the legal duties of a director in terms if the duty of care in common law. This along with City Equitable Fire Insurance Co. Ltd [1925] Ch 407 and Francis v. United Jersey Bank can be seen as the three main cases. In the case of Re Brazilian Rubber Plantation and Estates Ltd there was an interesting case, there was the running of a rubber plantation by a company here the directors of the company had absolutely no experience of a rubber plantation. The plantation did not thrive, and indeed as a direct result of the directors management and what was seen by the shareholder as their incompetence, the rubber plantation had to go into liquidation. This was probably foreseeable as the directors had no experience, however this court case followed, and the duty of care that is owed by directors was placed into common law. The result to many may be seen as shocking, it stated that the directors had not breached their duty of care, they had done their best and exercised the skills that they had. These had obviously not been up to the job, but they could not exercise skills they did not have, in the case it is stated in very clear terms; "(A director) is not bound to bring any special qualifications to his office. He may undertake the management of a...company in complete ignorance of everything connected with (the business) without incurring responsibility for the mistakes which may result from such ignorance..." (Re Brazilian Rubber Plantation and Estates Ltd [1911] 1 Ch 425 at ...

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