Explain any of a director's statutory duties that Caz may have breached
【参考答案及解析】
Turning to the case in question, it appears that Caz has not disclosed either her interest in Era Ltd or her interest in this particular contract. Under s177 of the Companies Act, the interest should have been stated at the board meeting that Caz attended that approved the contract. It was not. It should also have been declared under s182 of the Companies Act once it had occurred – but it was not either. She will therefore have to account to Dull plc for any profit that she makes on the transaction and she may also be subject to a fine. Had she dealt honestly with Dull plc by declaring her interest and obtaining company approval, she would have been permitted to retain any profit that is made.
Turning to the case in question, it appears that Caz has not disclosed either her interest in Era Ltd or her interest in this particular contract. Under s177 of the Companies Act, the interest should have been stated at the board meeting that Caz attended that approved the contract. It was not. It should also have been declared under s182 of the Companies Act once it had occurred – but it was not either. She will therefore have to account to Dull plc for any profit that she makes on the transaction and she may also be subject to a fine. Had she dealt honestly with Dull plc by declaring her interest and obtaining company approval, she would have been permitted to retain any profit that is made.