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Guth v. Loft: The Story of Pepsi-Cola and the Corporate Opportunity Doctrine

Jennifer Ying

University of Pennsylvania Law School

May 8, 2009

Guth v. Loft is known as the leading case in defining the modern corporate opportunity doctrine. The case, involving a dispute between Charles G. Guth and a company he once directed, Loft, Inc., transformed the law at the time to meet the needs of the changing corporate structure in the early twentieth-century. While the legal ramifications of the 1939 Delaware Supreme Court opinion have generated much attention and scholarship, the complex factual situation between Guth and Loft played an important, yet often overlooked, role in the decision that ultimately determined the ownership of one of America’s best-known soda companies, Pepsi-Cola. This paper examines the story behind the famous case.

Number of Pages in PDF File: 33

Keywords: Guth v. Loft, corporate opportunity doctrine, corporate story, Pepsi-Cola

JEL Classification: K10, K22

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Date posted: June 7, 2009  

Suggested Citation

Ying, Jennifer, Guth v. Loft: The Story of Pepsi-Cola and the Corporate Opportunity Doctrine (May 8, 2009). Available at SSRN: https://ssrn.com/abstract=1414478 or http://dx.doi.org/10.2139/ssrn.1414478

Contact Information

Jennifer Ying (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
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Footnotes:  336