Answer:
Certainly, they cannot prevail. The contract terms stated clearly that "time is of the essence of this contract." The Bassos and Miceli and Slonim Development Corp did not actually respect this contract term.
The contract was expected to have closed at 10:00 am on May 16, 1988, and not after. By the time that Dierberg left the venue, the contract should have been finalized. Alternatively, if there were unseen delays, Dierberg should have been informed at least 30 minutes before 10:00 am.
Explanation:
The argument by Miceli and Slonim does not hold water. The contract did require closing exactly at 10:00 AM, and not some time on May 16. In my considered opinion, suing Dierberg is a waste of court time and process.
An officer or director of a corporation is not personally liable for loss sustained by the corporation as the result of the exercise of poor or mistaken business judgement. They are only liable for a loss resulting from his or her negligence of failure to exercise reasonable care. In this situation, Brown was exercising a business judgement in good faith with due care. Since a superhighway was to be constructed through the town of X, he believed it was in the corporation's best interest to build a motel there. Brown was not guilty of negligence, so the decision would be in favor of Brown.
Answer:
BEP $274,509.8
Explanation:
Product X sales weight 70%
Product Y sales weight 30%
X CMR 0.60 x 70% sales weight = 0.42
Y CMR 0.30 x 30% sales weight product Y = 0.09
Contribution mix 0.51
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140,000 fixed cost / 0.51 = 274,509.8