Article
Prescription And Constructive Knowledge: Key Principles From A Recent Supreme Court Of Appeal Decision
A recent judgment from the Supreme Court of Appeal has provided important clarification on the application of prescription in the context of misappropriation of funds within a close corporation. The case revolved around whether a debt owed to a close corporation had prescribed, particularly in circumstances where one member was alleged to have misappropriated funds over an extended period, and the other member claimed ignorance of the wrongdoing until after the former's death.
Adams & Adams