4.5.3.1 Validity of the research

In this research, I have argued that it is a hypothetical possibility for a Dutch court to apply a discharge provision and exempt a director from liability for ‘subjective bad faith’ actions and not that this has actually happened. I have based this argument on an examination of 11 coded sample cases involving discharge claims by directors in which courts have reached judgements to hold the respective directors personally liable or to release them from such liability. As I have attempted to point out in paragraph 4.1.3, this sample should be regarded as a non-probability sample. It is a subset that was constructed to serve the very specific purpose of discovering whether Dutch courts allowed discharge claims to cover bad faith actions and, if so, why or why not. The research findings thus cannot be generalised to a larger population. A new Supreme Court decision involving the review of discharge may upset the analysis and propositions made in this chapter. Taken due account of the limited number of cases under study, the results and conclusions in this research should be viewed with appropriate reservations.