tag:blogger.com,1999:blog-7543900180524675461.post1899241239238205262..comments2023-09-07T03:52:44.193-07:00Comments on Gibbs: Law and Life: Article Publication ReleasedGibbsLawhttp://www.blogger.com/profile/06669689847710659683noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7543900180524675461.post-12725770002012658542011-05-05T08:38:28.327-07:002011-05-05T08:38:28.327-07:00Hi Foong, sorry for the late reply.
Corporate opp...Hi Foong, sorry for the late reply.<br /><br />Corporate opportunities is something I have extensively worked on during the beginning of the year although it has taken a back seat due to data collection. <br /><br />I would disagree as an opportunity is not something that can reified, meaning you cannot own an opportunity. <br /><br />From the extensive literature it would appear that the requirement of an "opportunity" is negligble at best and what is required is a conflict of interest. Determining what an interest is difficult. I myself believe a conflict of interest will include any corporate opportunity within the company's scope of business as determined in Aas v Benham. However, cases like Re Allied Business seem to determine anything the director hears about in the course of his directorship to be something that can be determined as a conflict. I disagree with this latter argument as I believe it can be too difficult to determine when a director is acting in his capacity as a director. <br /><br />A good article on the topic are D Kershaw, 'does it matter how the law thinks about corporate opportunities' (2005) 25 Legal Studies. This should be read in conjunction with Boardman v Phipps.<br /><br />Hopefully my work will be published once I get round to editing it and shall blog about it if it does.GibbsLawhttps://www.blogger.com/profile/06669689847710659683noreply@blogger.comtag:blogger.com,1999:blog-7543900180524675461.post-51298270514124714882011-04-27T09:27:20.187-07:002011-04-27T09:27:20.187-07:00Hai yeah. My name is Foong. I'm doing law in U...Hai yeah. My name is Foong. I'm doing law in University of Leeds. Can I just ask you a question? Lowry and Edmund said that s.175(2) has regarded the corporate opportunity ‘as an asset belonging to the company which may not therefore be misappropriated by the directors’.<br />Do you agree with them?<br /><br />Alan Dignam and John Lowry, Core Text Series: Company Law (6th edn , OUP, 2010) 342凤凤https://www.blogger.com/profile/03223042215380362909noreply@blogger.com