Question
Tom, Dick and Harry are shareholders and directors of Nice Shoes Ltd which designs and sells shoes. In September 2015, the company rejected a supply
Tom, Dick and Harry are shareholders and directors of Nice Shoes Ltd which designs and sells shoes. In September 2015, the company rejected a supply contract of Italian leather since Harry, who was responsible of purchasing, persuaded the board of the poor quality of the product. However, one month later, Harry secretly took up the contract in his personal capacity without informing the company and made a huge profit from it.When Tom and Dick found out what happened, Harry argued that no detriment had been caused to the company because the company would have not been able to fulfil the contract anyway.
Advise Tom and Dick as to whether Harry was in breach of any of his fiduciary duties as director of Nice Shoes Ltd.
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