The Poison Pen of Jersey

Cover The Poison Pen of Jersey
The Poison Pen of Jersey
Frank Dalton Osullivan
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(4) The difference in nomenclature, i. E. , trustees of char- itable and educational institutions and directors of busi- ness enterprises, is not supported by either factual or legal differentiation. (5) Where the board of directors commits acts in violation of its duties, participating members are jointly and sev- erally liable for their misdeeds.
And this is so without regard to the degree of derelic- tion of which each director may be guilty.
It has been said that wrongdoing directors are jo
...int tort feasors. (6) Upon accepting a directorship, the director gives an implied promise that he will attend to his duties with that degree of care which the situation demands, and that he has a competent knowledge of the nature of their functions.
A director's inattention to his duties is not excused by the fact that he receives no compensation for his work.
A director is not obliged to assume office in the first place, and he has an unqualified right to resign at any time; and his continuance as a director is evidence of the fact that he is willing to serve without compensation, and clearly it would be unfair to permit him to avoid lia- bility created by his own neglect of self-imposed duties, where that neglect has caused damage to others.


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