We have addressed the "misappropriation of a business opportunity" fiduciary duty of loyalty in the partnership, corporation, and limited liability company forms of

business organization. Assuming you are assessing the conduct of a person about whom there

is no dispute is in a position in which the fiduciary duty of loyalty applies, answer the following:

Identify, with no particular order of priority, the key factors considered by courts in

determining whether the person may rightfully pursue, or has wrongfully pursued, personally

and for personal gain a business opportunity.