Duty of due managerial care of member of an elective body of a limited company and consequences of its violation The purpose of my thesis is to analyze duty of due managerial care (hereinafter as "duty of care") of a member of an elective body of a limited company according to new legislation, which became effective in January 2014. Duty of care consist of several indefinite aspects and my aim is to define them and set boundaries in which person as a member of an elective body shall operate during performing his duties. Thesis refers to doctrinal view on this topic, offers solutions based on relevant jurisdiction and looks at consequences of violating duty of care. The thesis is composed of six followed-up chapters. Chapter One is introductory, defines basic terminology and consists of defining persons, who shall follow the rules of duty of care and consideration of liability in case of distribution of competences in collegiate body. Chapter also deals with issue brought to Czech law with integrating a monistic structure of stock company. This passage comes to conclusion that duty of care belongs to statutory director in the event of violating guidelines made by board of directors. Chapter Two is subdivided into two parts, each describing aspects of duty of care. Firstly it describes duty of loyalty...

This research builds on and contributes to work in the field of educators' professional discretion and the prevention of negligence. Existing literature suggests that many educators are still unaware of how the law operates regarding policy requirements and their in loco parentis obligations. This is demonstrated by the number of litigations and how an educator's liability regarding negligence has grown. In South Africa, numerous authors have made contributions in relation to learner safety and educators' duty of care. An educator is tasked with duty of care and to use professional discretion appropriately. At the same time, educators should be mindful to minimise their exposure to lawsuits. However, not much appears to have been done in this country to establish how educators can maintain a respectable balance between professional discretion and policy requirements without being negligent. The purpose of this study was, thus primarily to explore ways in which educators can reconcile professional discretion and legal and policy requirements to prevent negligence. The study utilised a qualitative research approach underpinned by an interpretive paradigm. Data collection was done by the means of qualitative collection techniques, namely semi-structured interviews supported by an analysis of relevant court cases. Twenty participants from two primary and two secondary public schools in the Tshwane South school district in Gauteng participated in the study. Two of these schools were fee-paying schools and two non-fee-paying schools. Five participants from each school were identified and invited to participate in this study and consisted of the principal, a member of the school management team (deputy-principal or head of department) and three educators. Each of the participants had different legal obligations, discretions, responsibilities and accountabilities as far as negligence is concerned. The conceptual framework for this study, was based on Dworkin’s (1978:31) ‘doughnut’ metaphor for the concept of professional discretion. Based on an adapted version of Dworkin’s ‘doughnut’ metaphor, findings confirm that some educators feel restricted in their decision-making and limited in their professional discretion due to the legal and inflexible policy framework regulating their work. It came to the fore that the understanding and interpretation of certain school policies were dealt with differently by the participants due to their varied levels of experience, knowledge and training. The findings illuminated the fact that the participants did not fully grasp the vii concept of professional discretion. In making decisions and exercising judgement, these participants may not be comfortable in their knowledge experience or personal intuition. Educators’ capacity and ability to apply discretion is influenced by a number of external and internal factors. These factors restrict an educators’ autonomy space, which could ultimately lead to the inability to apply appropriate discretion. This could lead to a form of paralysis to uphold a high standard of care in dire situations and could lead to negligence. Therefore, in order to achieve a high standard of care and not be negligent, educators should not only have the ability to apply appropriate discretion, but also have the freedom to do so. Key terms: professional discretion; duty of care; in loco parentis; negligence; law of delict; standard of care; school safety policies. / Dissertation (MEd)--University of Pretoria, 2020. / DST-NRF Innovation Master’s Scholarship. UNIQUE GRANT NO: 117504 / Education Management and Policy Studies / MEd / Unrestricted

Eskom Holdings SOC Limited (referred to as Eskom), a public state owned company, is required to continually demonstrate environmental duty of care and report on its environmental performance. In furthering its commitment to sustainable development and in line with environmental compliance of its activities, Eskom is planning to have the Distribution Division certified against the International Organisation for Standardization (ISO) 14001:2004 environmental management system (EMS) standard by 2014. In general, management review may quickly turn into a dry review of the items on the agenda, done only to show an auditor the review was held. As such, the aim of this study was to assess the effectiveness of management reviews as one of the key continual improvement elements of the ISO 14001:2004 environmental management system within Eskom Distribution: Western Region. This research has been designed to take place in three stages. These stages are planning, execution and publication, and preparing the dissertation for marking. The research methodology included a literature study on various national and international articles and journals on EMSs that relate to environmental performance. The databases of Eskom Distribution: Western Region ‒ i.e. the management review presentation results for the 2008/09, 2009/10 and 2010/11 financial years, key significant environmental aspects for the Technical Service Centres (TSCs) and Minor/Major Engineering Works (MEW), key performance indicators (KPIs), Risk Audit System (RAS) results, and results of the external EMS audit conducted from 23–25 April 2007 were used for this research. Questionnaires were sent to the TSCs’ senior supervisors and Safety, Health, Environment and Quality (SHEQ) management. An analysis of the questionnaires completed by the TSC senior supervisors showed that all the participants have seen an improvement in environmental performance due to annual management reviews, except TSC11, who have not seen management review results. It can be concluded from the results of the SHEQ management questionnaires that an improvement (continual improvement as per the ISO 14001 requirement) was observed. The improvements were identified through improved processes, improved gap analysis, increased environmental awareness, and addressing risks. Most of the ISO 14001:2004 requirements for the management review for all financial years covered in this study were met. In terms of the objectives, targets and KPIs, Eskom Distribution: Western Region performed effectively and most of the outcomes were implemented according to the recommendations. Further, based on the external audit conducted from 23 to 25 April 2007, it is clear that Eskom Distribution: Western Region conformed to the minimum requirements of the ISO 14001:2004 EMS. Their management reviews also met all requirements of the ISO 14001:2004 relating to management review. This was proven by minutes of previous meetings that covered all the necessary issues that were audited. Thus, the existence of management reviews contributed towards ensuring that the ISO system was scrutinised and improved where it worked, and that aspects that did not work well were removed. / M. Environmental Management, North-West University, Potchefstroom Campus, 2014

According to legislation, common law and case law, South African educators have a responsibility to ensure the safety of learners. Above all, God has placed children in our care and it is our God-given duty to take care of them. For educators to be able to perform this duty of care as it should be, they need to be equipped with the necessary legal knowledge. However, the acquisition of this knowledge remains the primary responsibility of each educator. Other educational role-players also have some moral obligation and responsibility to assist educators in attaining such knowledge. As educators should acquaint themselves with the relevant legislation regarding duty of care, such legislation should be accessible to all educators. Principals should encourage educators to become acquainted with the content of the relevant education laws. All the determinants regarding duty of care ought to be general knowledge to educators. Principles such as what torts comprise of, the requirements of delictual accountability, reasonable foreseeability and preventability and the reasonable educator test should be as well-known as subject didactical knowledge. Real-life situations and case law should be used to ensure a clear understanding of these principles. Tendencies in international law should also be communicated to educators. This study determined that educators do not have sound legal knowledge to meet the minimum requirements set by legislation, common law and case law. Tertiary institutions will have to compile training programs urgently so that education departments, trade unions, governing bodies and principals can make it available to educators, who, in turn can empower themselves with relevant, practical education law knowledge. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Duty of Care in Czech and German Civil Law Abstract The thesis deals with the importance of duties to prevent damages (duties of care) in Czech civil law. It focuses on detailed analysis of a few provisions of the Czech Civil Code. The main attention is focused on s. 415 of the Civil Code (Act No. 40/1964 Coll, the Civil Code, as amended; "OZ") establishing "the general duty of care". Findings about duties of care in the Civil Code are compared to a system of duties of care in German law of delict and additionally discussed using tools of economic analysis of law. The paper results in recommending changes in wording and interpretation of the duties of care and their comparison with the wording established by Act No. 89/2012 Coll., Civil Code ("NOZ"), effective from 1 January 2014. Chapter One examines development of interpretation of main provisions of OZ establishing duties of care. It briefly analyzes basic aspects of law of delict of OZ. It makes use of these findings in order to describe a position of duties of care in law of delict and limits of their interpretation. The main imperfections of their interpretation are illustrated on a couple of judicial decisions. Chapter Two briefly describes the system of law of delict under the German Civil Code ("BGB"). The chapter explores criteria of application...

The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...

The thesis focuses on the concept of the duty of due managerial care as regulated in the legal framework of the Czech Republic and the Federal Republic of Germany; in particular, the comparison is aimed at the application of this duty against the members of the board of directors and the supervisory board of the joint-stock company and the executives of the limited liability company. The thesis first describes the duty of due managerial care as a standard of conduct. Chapter 3 describes the particular consequences of said duty for the conduct of the members of the board of directors and the supervisory board of the joint-stock company. Chapter 4 is focused on the reflection of this duty on the legal relationships within the limited liability company. Chapters 3 and 4 each include a partial conclusion concerning the most important differences as well as the effectiveness of the respective legal regulation. Chapter 5 is divided into two parts, differentiated according to the legal form of the company in question, and concerns itself with the liabilities following from the breach of said duty. Particular attention is paid to the possibilities of shareholders (members) to influence - whether ex ante or ex post - the said liabilities, as this area is marked by the most significant differences when...

Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

Eskom Holdings SOC Limited (referred to as Eskom), a public state owned company, is required to continually demonstrate environmental duty of care and report on its environmental performance. In furthering its commitment to sustainable development and in line with environmental compliance of its activities, Eskom is planning to have the Distribution Division certified against the International Organisation for Standardization (ISO) 14001:2004 environmental management system (EMS) standard by 2014. In general, management review may quickly turn into a dry review of the items on the agenda, done only to show an auditor the review was held. As such, the aim of this study was to assess the effectiveness of management reviews as one of the key continual improvement elements of the ISO 14001:2004 environmental management system within Eskom Distribution: Western Region. This research has been designed to take place in three stages. These stages are planning, execution and publication, and preparing the dissertation for marking. The research methodology included a literature study on various national and international articles and journals on EMSs that relate to environmental performance. The databases of Eskom Distribution: Western Region ‒ i.e. the management review presentation results for the 2008/09, 2009/10 and 2010/11 financial years, key significant environmental aspects for the Technical Service Centres (TSCs) and Minor/Major Engineering Works (MEW), key performance indicators (KPIs), Risk Audit System (RAS) results, and results of the external EMS audit conducted from 23–25 April 2007 were used for this research. Questionnaires were sent to the TSCs’ senior supervisors and Safety, Health, Environment and Quality (SHEQ) management. An analysis of the questionnaires completed by the TSC senior supervisors showed that all the participants have seen an improvement in environmental performance due to annual management reviews, except TSC11, who have not seen management review results. It can be concluded from the results of the SHEQ management questionnaires that an improvement (continual improvement as per the ISO 14001 requirement) was observed. The improvements were identified through improved processes, improved gap analysis, increased environmental awareness, and addressing risks. Most of the ISO 14001:2004 requirements for the management review for all financial years covered in this study were met. In terms of the objectives, targets and KPIs, Eskom Distribution: Western Region performed effectively and most of the outcomes were implemented according to the recommendations. Further, based on the external audit conducted from 23 to 25 April 2007, it is clear that Eskom Distribution: Western Region conformed to the minimum requirements of the ISO 14001:2004 EMS. Their management reviews also met all requirements of the ISO 14001:2004 relating to management review. This was proven by minutes of previous meetings that covered all the necessary issues that were audited. Thus, the existence of management reviews contributed towards ensuring that the ISO system was scrutinised and improved where it worked, and that aspects that did not work well were removed. / M. Environmental Management, North-West University, Potchefstroom Campus, 2014

According to legislation, common law and case law, South African educators have a responsibility to ensure the safety of learners. Above all, God has placed children in our care and it is our God-given duty to take care of them. For educators to be able to perform this duty of care as it should be, they need to be equipped with the necessary legal knowledge. However, the acquisition of this knowledge remains the primary responsibility of each educator. Other educational role-players also have some moral obligation and responsibility to assist educators in attaining such knowledge. As educators should acquaint themselves with the relevant legislation regarding duty of care, such legislation should be accessible to all educators. Principals should encourage educators to become acquainted with the content of the relevant education laws. All the determinants regarding duty of care ought to be general knowledge to educators. Principles such as what torts comprise of, the requirements of delictual accountability, reasonable foreseeability and preventability and the reasonable educator test should be as well-known as subject didactical knowledge. Real-life situations and case law should be used to ensure a clear understanding of these principles. Tendencies in international law should also be communicated to educators. This study determined that educators do not have sound legal knowledge to meet the minimum requirements set by legislation, common law and case law. Tertiary institutions will have to compile training programs urgently so that education departments, trade unions, governing bodies and principals can make it available to educators, who, in turn can empower themselves with relevant, practical education law knowledge. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.