Month: September 2018

  Overview of Thailand’s Product Liability Act (2008)   Purpose of the Act The main purposes behind this legislation were to: Instill greater consumer confidence in products in Thailand and to better protect the public from dangerous or defective products; Simplify the previous legal approach to product liability which was overly complicated and instead make it easier for injured persons to receive justice and fair compensation.   Scope of the Act This Act offers consumers considerable protection given that it provides that ‘Business Operators’[1] are subject to a legislative regime whereby they can be held jointly liable to affected persons who have suffered ‘damage’ from ‘unsafe products’ which have been ‘sold, distributed to, dispensed or given to’ consumers, regardless of whether the damage was intentionally or negligently caused by the Business Operator(s).   The purpose of making the various Business […]

Director Rights & Duties in a Company Limited Duties & Obligations: The duties of director in a limited company are covered under the Civil and Commercial Code of Thailand (hereinafter referred to as the ‘CCC’). Generally, a company director will be recognized as the agent of the company, to duly conduct business of the Company provided that it is done in compliance with the law and the scope of company’s objective and its’ Articles of Association (‘AoA’). Director Standard of Care: The duties/responsibilities of a director of a company (as specified under the CCC) are set out in section 1168 paragraph 2 of the CCC, which provides that the directors must in their conduct of the business apply the diligence (standard of care) of a careful business man. Specific Responsibilities of Directors: The Directors are jointly responsible for the following: […]