The question (15 marks)
"A director is not merely an agent of the company; he is in a fiduciary position towards it." Discuss the duties of directors under the Companies Act 2013 and at common law, with reference to decided cases. (15 marks)
MU Module 3, duties of directors.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Directors, the Board and Minority Protection of Company Law.
Authorities you will need
- Percival v. Wright (1902) 2 Ch. 421
- Regal (Hastings) Ltd. v. Gulliver (1942) 1 All ER 378
- Industrial Development Consultants Ltd. v. Cooley (1972) 1 W.L.R. 443
- Keech v. Sandford, Sel. Cas. Ch. 61
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.