Southeast Consultants, Inc. v. McCrary Engineering Corp.

Hill, Justice.

This is the first occasion this court has had to consider the duty of a corporate officer or employee not to appropriate a “business opportunity” of his corporation. The prohibition on appropriation of a business opportunity was first introduced into Georgia law as part of the comprehensive revision of our corporation law in 1968. That revision was patterned in part on the Model Business Corporation Act. However the provision in issue here, Ga. L. 1968, pp. 565, 640; Code § 22-714, is based on the New York Business Corporation Law and has been characterized by one commentator as…