Short Answer Questions

1. What is the test for establishing that there is a conflict of interest?

To answer this question read Chapter 16 and 17 and the case law: Philipp v Boardman; Hospital Products Ltd v United States Corp. and other relevant cases.

2. What remedies are available for breach of the no conflict rule?

To answer this question read chapter 16 - 18 with reference to remedies at general law and under the Corporations Act.

The company's remedies for breach of general law duties will be civil remedies.

3. If a corporate business opportunity is offered to a director personally, will there be a breach of fiduciary duty?

To answer to this question read the chapters on directors' duties. Refer to general law fiduciary duties with reference to corporate business opportunity.

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