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Maribelle and Deigo Are the Only Directors of PlantMart Pty

Question 8

Multiple Choice

Maribelle and Deigo are the only directors of PlantMart Pty Ltd ("PlantMart") . PlantMart is in the business of selling horticultural products. Zahara sells plants wholesale. She has a lot of small shrubs she needs to sell quickly. She approaches Maribelle and asks her if PlantMart would be interested in buying the shrubs at half price. Maribelle thinks this is a great deal and buys the plants herself and sells them and makes a large profit for herself. Which of the following is true:


A) Maribelle has breached her duty to act in good faith and in the best interests of the company.
B) Maribelle has breached her duty to avoid a conflict of interest.
C) Maribelle has breached her duty under section 181 of the Corporation Act.
D) Maribelle has not breached her duty under section 181 of the Corporations Act.
E) While it is uncertain as more facts are needed, it is possible that (a) , (b) and (c) could be correct.

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