Directors' duties and liabilities in corporate insolvency in England and the US
This thesis is an examination of directors duties and liabilities in the event of "0, insolvency in England including Wales and the US. The main aim of the study is to compare the two legal systems' stance towards directors when their company is in financial depression or technically insolvent. The thesis consists of ten chapters. The first chapter is a general introduction which draws a picture of the structure and scope of the study. Chapter two and six consider directors duties in general and in the event of corporate financial depression in England and the US respectively. Chapter three and seven examine the liabilities of directors of an insolvent company for breach of their duties in those two legal systems. In chapter four, disqualification of corporate directors in English law is studied. Chapters five and eight are an attempt to answer the question how directors of an English or American ailing company, accordingly, are provided with appropriate protection against the many liability provisions imposed by common law or statutes. In chapter nine, the unique device of the business judgment rule and its function in the US is reviewed. Finally, in chapter ten a detailed comparative study of the two laws concerned is carried out to analyse the solutions of each law for the questions and uncertainties in this area of the law.