Question

Doug is the vice president of product development for a corporation that makes flavored honey. Doug proposes to the board that they approve three new products: chili-flavored honey, seaweed-flavored honey, and black-licorice honey. Doug and his team have market tested the flavors, and they received positive reviews from focus groups. The board approves the flavors, which then fail miserably and cost the company thousands of dollars. If some shareholders sue the board for its decision to market the flavors, the board ___________.

Answer 1

will not be held responsible for the loss.

Step-by-step explanation:

The business judgement rule is a doctrine that affects corporation's management and other agents. This doctrine is based on the idea that all business decisions yield unknown results, even the safest investments or safest projects can go wrong. Only the US government has never defaulted on a loan (US securities) but every other nation or organization has at one point in time defaulted or delayed a payment.

Investors that buy stocks from a corporation know about the risks of running a business, if they do not like to take risks, US securities are always available. As long as management (including the board) acts on good faith, within the normal scope of business, they cannot be held liable for any bad investment carried out.

If this doctrine didn't exist, no one would be able to manage a company, since no one would dare to make any decisions at all. When you calculate the price of stock or the cost of capital, you must add the risk free rate (US securities) + the risk premium.

Answer 2

most likely will not be held responsible because of the business judgment rule.

Step-by-step explanation:

A business judgement rule is a legal provision that protects the board of a company from frivolous legal actions as flregards its business decisions.

Boards of companies are assumed to act in good faith, within their fiduciary standards of loyalty, prudence and care that the board owes to shareholders.

It will have to be proven that the board blatantly violated a code of conduct, otherwise the court will review or question it's decisions.