单词 | Commercial judgment |
释义 | 商業判斷 The application of business, financial and legal acumen in the assessment of the overall merit and risk inherent in a given commercial enterprise. Often described as ‘due diligence’: the judgment approach needed to preserve the property or rights of participants in some business venture. The measure of diligence and skill as is properly to be expected from, and exercised by, the prudent businessman active in a particular speciality under the prevailing circumstances as they exist at the time. Such a standard of care is not finite but will depend on the specific facts of the individual case and measured in terms of the skill which could reasonably be expected of them at the time. Administrators, liquidators, receivers, trustees in bankruptcy or other officers (office-holders) are expected to exercise proper commercial judgment, through their professional skills and experience, in the carrying out of their duties of protecting, getting in, realising, ultimately passing on to others assets and properties which belong to creditors or beneficiaries: Re Peregrine Investments Holdings Ltd [1998] 3 HKC 1. See also Due diligence. 在評價某個既定的商業企業的整體價值和內在風險的過程中,對商業、財務和法律的智慧的運用。通常被描述為「審慎調查」:判斷對於保護參與者在一些商業風險企業中的財產和權利是必須的。對於審慎和技能的衡量應適當的由在當時情況下的某特定專業領域內的謹慎的商人做出。其關注的標準並無限定,但取決於個案的特定事實,並且根據在當時可以被合理的預期的技能來衡量。破產管理人、清盤人、接管人、破產受托人或其他人員(高級人員)應當通過他們的專業技能和經驗行使適當的商業判斷,以履行他們的保護、進駐、變現以及最終轉交屬於債權人或受益人的資產和財產的責任:Re Peregrine Investments Holdings Ltd [1998] 3 HKC 1。另見 Due diligence。 |
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