Institutional Repository

The liability of companies and that of directors in their personal capacities, in relation to legal warranties

Show simple item record

dc.contributor.advisor Sigwadi, M. Catterson, Michelle Karen 2020-05-11T11:05:02Z 2020-05-11T11:05:02Z 2019-10-28
dc.description.abstract This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. It also discusses the liability incurred by a company and that of its directors in their personal capacities (if any) should the legal warranty implemented be found to be unenforceable. The liability that may be incurred by the company and/or its director/s is dependent on whether the legal warranty which it implemented is enforceable or not and therefore it is important to establish what would constitute an enforceable legal warranty. In order to determine what is likely to constitute an enforceable legal warranty the study looks back at what has previously been deemed to constitute an unenforceable legal warranty. This is done by analysing the common law principles of contract, being the freedom to contract and the sanctity of contract, and its development in accordance with our constitutional dispensation through case law precedents. The provisions of the Consumer Protection Act 68 of 2008 that apply to legal warranties are also analysed in order to determine the anticipated outcome of future case law where the Consumer Protection Act 68 of 2008 may be applicable to a dispute involving legal warranties. Once what constitutes an unenforceable legal warranty is established, the study will discuss the legal position of a third party, and that of the company, where a third party has suffered damages as a result of the company’s acts or omissions and the company is unable to raise a legal warranty as a defence against such liability, as the legal warranty is found to be unenforceable. Thereafter the study will discuss the measures available to the company where the company is found liable to the third party for the aforementioned damages and the company wishes to mitigate its losses in this regard. Such measures shall include director insurance as well as the recovery of such liability against a director, in the director’s personal capacity, where the company either does not have director insurance or is unable to enforce the director insurance due to the actions of a director. In order to determine the director’s accountability to the company in this regard an assessment is made of the duties imposed on a director in terms of the common law and Companies Act 71 of 2008 to establish whether such duties are wide enough to include a duty on the director to ensure legal warranties he/she plays a part in implementing are enforceable. en
dc.format.extent 1 online resource (50 leaves)
dc.language.iso en en
dc.subject Indemnity waivers en
dc.subject Enforceability en
dc.subject Public policy en
dc.subject Juristic personality en
dc.subject Director liabilty en
dc.subject Company liability en
dc.subject Director duties en
dc.subject Director insurance en
dc.subject Companies Act en
dc.subject Common law en
dc.subject South Africa en
dc.subject.ddc 346.6642068
dc.subject.lcsh Corporation law -- South Africa en
dc.subject.lcsh South Africa. Companies Act, 2008 en
dc.subject.lcsh Directors of corporations -- Legal status, laws, etc. -- South Africa en
dc.subject.lcsh Corporate governance -- Law and legislation -- South Africa en
dc.subject.lcsh Liability (Law) -- South Africa en
dc.title The liability of companies and that of directors in their personal capacities, in relation to legal warranties en
dc.type Dissertation en
dc.description.department Mercantile Law en LL. M. (Corporate Law)

Files in this item

This item appears in the following Collection(s)

Show simple item record

Search UnisaIR


My Account