Question
1. A group of 3 directors run Danny Corporation a business corporation. Two of the three directors (Brian and Karl) took personal advantage of opportunities
1. A group of 3 directors run Danny Corporation a business corporation. Two of the three directors (Brian and Karl) took personal advantage of opportunities that arose due to their positions as directors. Lana, the third director, is unhappy with the situation and determines that Brian and Karl have both breached their respective fiduciary duties to Danny Corporation. Who is in the best possible position to sue Brian?
A. | Danny Corporations employees | |
B. | Danny Corporations creditors in a breach of contract action | |
C. | Danny Corporation, after Lana determines that Brian and Karl have breached their fiduciary duties to the corporation | |
D. | The shareholders in a derivative action against Brian and Karl on behalf of Danny Corporation |
2.
A group of 3 directors run Danny Corporation a business corporation. One of the three directors (Brian) took personal advantage of opportunities that arose due to his position as a director. The other two directors are unhappy with the situation and determine that Brian has breached his fiduciary duty to Danny Corporation. Who is in the best possible position to sue Brian?
A. | Danny Corporations employees | |
B. | The shareholders in a derivative action against the directors on behalf of Danny Corporation | |
C. | Danny Corporation, after a majority 2-1 vote of the board of directors determines that Brian has breached his fiduciary duty to the corporation | |
D. | Danny Corporations creditors in a breach of contract action |
3.
Dutt is the sole shareholder, manager, and director of Kunduri Corp., an Ontario business corporation that makes computers. Lana purchased a computer from Kunduri Corp., and it failed to work properly. The purchase price was $1,000, and the contract was between Kunduri Corp. and Lana. If Lana sues Dutt for breach of contract, she will:
A. | lose because although Kunduri Corp. and Dutt jointly run the same computer business, Lana signed the contract with Kunduri Corp., and not with Dutt | |
B. | lose because Kunduri Corp. is a separate legal entity, and as such, provides Dutt with limited liability | |
C. | win and obtain a new computer that works | |
D. | win because the computer was defective and Lana paid adequate consideration |
4.
Ontario is a jurisdiction that has created its incorporation regime based on:
A. | The letters patent model. | |
B. | The memorandum of association model. | |
C. | The royal charter model. | |
D. | The articles of incorporation model. |
5.
In 2008, Minnie was a prostitute in Vancouver who had a great business. She often made $10,000 a night. One day, she encountered Mickey, a well-known john. After Minnie fulfilled her contractual obligations, Mickey refused to pay the negotiated price, which was $1,000. If Minnie sues Mickey, the court will deem the contract void and illegal because:
A. | The contract obstructs justice. | |
B. | The contract involves an immoral act. | |
C. | The contract promotes litigation. | |
D. | The contract unduly restrains trade. |
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