abuse of control Flashcards
1
Q
a. Repurchase clause
A
abuse??
A. Did he bargain for it?
2
Q
b. Hat test
A
A. Owners wear 3 hats
- Owner (shareholder , partner in partnership
- Director of business- can be director without being owner
a. Can be owner without being director - Employee-
3
Q
a. We want to analyze if you have been harmed
A
i. And if you have, in which hat.
4
Q
c. Difference between harmed
A
harmed and improperly harmed
5
Q
d. For harm:
A
A. Look have you been harmed
1. Was it improper?
B. Look to repurchase agreement- could you not sign- change?
C. If director- could you have prevented?
D. Can (employee) protect themselves