2.4.2.0 Introductie

The research results indicate that certain circumstances may cause directors to perceive directors’ liability as a serious threat and reason for engaging in defensive behaviour. These situations arise when a director is intensively exposed to public opinion and/or when litigation seems likely. Cases of fraud or bankruptcy were frequently mentioned as justification for defensive behaviour. Past difficulties with regard to directors’ liability also provoked concerns about future liability.Moreover, the research reveals that the public and personal consequences of a liability claim may have a far greater impact on a director than the financial consequences, as the latter are generally deemed to be avoidable by means of insurance. Consider the following: