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Courts generally rely on the business judgment rule to refrain from inquiring into business or policy decisions of corporate enterprises, the reason being their lack of business expertise.
102) The business judgment rule is not exactly a rule or a defense, but
This Article provides a theory of the duty of care and the business judgment rule through the prism of tort theory and principles.
128) As in Delaware, the German business judgment rule requires that directors act in good faith and are reasonably informed and disinterested.
Under Delaware law, the business judgment rule establishes a high standard of liability for carelessness.
Inside (165) and outside (166) of Delaware, the personal liability of a director for the negative consequences of his or her decisions depends primarily on whether a decision is covered by the business judgment rule.
While directors technically owe a fiduciary duty to exercise care in making business decisions, the business judgment rule and director exculpation statutes almost entirely shield directors from risk of personal liability for breaching that duty.
To be eligible for the services cost method, a service must be a covered service as defined in the regulations, the service cannot be an excluded activity, the service cannot be precluded from constituting a covered service by reason of the business judgment rule, and adequate books and records must be maintained with respect to the service.
157) When examining the actions of a corporation in a takeover setting, Delaware courts use one of three standards of review: the traditional business judgment rule, enhanced scrutiny, or entire fairness.
The early court opinions, beginning in the 1920s, are remarkably consistent in their enunciation and definition of a corporate director's fiduciary duty and the application of the business judgment rule.

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