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In this brainstorm, you're going to brief two U.S. corporate law cases and consider some key questions related to t he Duty of Good Faith.
In this brainstorm, you're going to brief two U.S. corporate law cases and consider some key questions related to the Duty of Good Faith.
Read these case excerpts as found in Westlaw:
- Donahue v. Rodd Electrotype Co.(Links to an external site.)
- Smith v. Atlantic Properties(Links to an external site.)
- Brief the cases on your own. For this assignment, your brief should consider the following
- questions:
- 1. Does the fact that the minority protection device at issue in Smith was clearly bargained for undermine a contractualist rationale for invoking a fiduciary remedy?
- 2. What about the fact that the majority in Smith could have forced a statutory dissolution? (See note 6 in Smith that appears on pages 330 and 338 of Commentaries and Cases on the Law of Business Organization and review the questions on page 342)?
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