Question

All board members have 3 fundamental duties a)duty of care, b)duty of loyalty and, c)duty of obedience. If any 2 or more of these duties become in conflict which duty should take preference over other(s) and why?

Answer 1

ANSWER-

When two or more of the fundamental duties of a board member conflict, the duty of care should take precedence over the duty of loyalty and obedience. The duty of care requires that board members exercise reasonable care and diligence in the performance of their responsibilities. This means that board members must act in good faith and with a view to the best interests of the organization.

If there is a conflict between the duty of loyalty and the duty of care, the duty of care must take priority, as the board member must always act in the best interest of the organization, even if that means acting against the interest of a particular group or individual. The same applies if there is a conflict between the duty of obedience and the duty of care. The board member must prioritize their duty to act in the best interest of the organization, even if it means deviating from the policies or directives of the organization.

In conclusion, the duty of care should take precedence over other duties when there is a conflict, as it represents the board member's obligation to act in the best interest of the organization and its stakeholders.