Herbie is a director of the XYZ Corporation. XYZ Corporation is in the business of marketing
new inventions. Lynn has just invented a new product and wants to have it marketed by XYZ Corporation, so she shows and discusses the new product with Herbie. Herbie thinks the new product has the potential to generate huge profits, so Herbie suggests that he handle the marketing personally, leaving XYZ Corporation out of it. Herbie’s action is best described as follows:
A violation of the duty prohibiting self-dealing. (from self-dealing. For instance, a director should not personally take advantage of a business opportunity that is offered to the corporation and is in the corporation’s best interest.
Miller, Roger LeRoy. Cengage Advantage Books: Business Law Today, The Essentials: Text and Summarized Cases (p. 566). Cengage Learning. Kindle Edition.
A violation of the duty prohibiting competition with the corporation.
A violation of the duty prohibiting usurping a corporate opportunity.
A violation of the duty prohibiting insider trading.
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