case Mainland China English summary

Shanghai Fluid Equipment Corporate Opportunity Case

上海某流体设备技术有限公司诉施某某损害公司利益责任纠纷案

A general manager and director diverted a valve-supply opportunity to a company he controlled; the court treated the opportunity as belonging to the company and awarded the company the diverted contract spread.

Brief English Introduction

The case gives a concrete Chinese-law test for corporate opportunity claims: the company’s business scope, the company’s substantive efforts to obtain the opportunity, the counterparty’s expectation, and whether disclosure was timely, complete, and good faith.

Use It For

Use this for Article 183 corporate-opportunity problems and for comparing Chinese doctrine with Regal, Guth, and Bhullar.

Teaching Notes

The case is useful because it rejects a purely formal defense that the company participated somewhere in the transaction chain. Ask whether the officer’s disclosure was genuinely enabling company choice or merely facilitating diversion.