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  • Fiduciary Relationships : Fiduciary Relationship

    1348 Words  | 6 Pages

    I. Question 1 Courts have identified two categories of fiduciary relationships: The first is “inherently fiduciary” and the second is “fact-based”. The circumstances in which a fiduciary relationship would arise include: A. Undertaking of trust and confidence Mostly, fiduciary relationships involve an agreement where one party accepts from another on trust, the exercise of a power or discretion over his or her interests. The agreement does not need to be contractual. The key criterion is whether

  • Responsibilities And Responsibilities Of Fiduciary Obligations

    1309 Words  | 6 Pages

    within an established category of fiduciary duty. The High Court in its decisions has been unwilling to alter equity’s principles in a manner that would allow fiduciary obligations to be imposed upon doctor and patient relationships. In order to understand the High Court’s unwillingness, this essay will examine and discuss the established categories of fiduciary relationships, fiduciary relations outside of the established categories and the nature of fiduciary obligations in terms of prohibitive

  • Does Directors Have Fiduciary Duties?

    1287 Words  | 6 Pages

    Does directors have fiduciary duties to creditors? Shareholder primacy theory seems not support the viewpoint that shareholders owed exclusive fiduciary duties by directors, then, other constituencies like creditors, employees and suppliers, should directors owe fiduciary duties to them? Schwarcz indicates that when the company is insolvency or the company want to have some high risk ventures, the company can only rely on creditors’ money. On this occasion, creditors substitute for shareholders

  • Hypothetical Case: Breach Of Fiduciary Relations

    1832 Words  | 8 Pages

    Akshya Prakash 1216067 6BA LLB A In this hypothetical case the main issues dealt with are 1. Breach of fiduciary duty A fiduciary relationship is mainly the idea of faith and confidence and is established when another person accepts the confidence given by one person. The duty of a fiduciary includes loyalty and reasonable care by the person in custody. All the fiduciary actions are performed for the advantage of the beneficiary. As a separate legal entity or juristic person which exists

  • Essay on Downsizing: Fiduciary and Great Harm

    969 Words  | 4 Pages

    Orlando counters by stating that there is not an actual regulated duty. "Fiduciary duties” are a label for the obligations that a manager owes a shareholder doesn’t create or establish duties to the agent. Another agrument for the employees having equal interest as shareholders is that shareholders should have legitimate expectation

  • Preliminary Considerations With Fiduciary, Corporate, Securities And Regulatory Law

    3168 Words  | 13 Pages

    Preliminary Considerations With Respect To Tax, Corporate, Securities and Regulatory Law [Level 3 Practice Note] When planning a divestiture, the parent [and its advisors] must tailor the structure of the transaction to meet the strategic objectives of parent. It is imperative that such objectives be clearly articulated so that the parent and its advisors are able to develop a structure that (a) achieves the business and financial goals, including tax treatment, parent intends, and (b) may be executed

  • The Conflict Of Fiduciary Duty

    3046 Words  | 13 Pages

    Question A: SUCCESSIVE CONFLICT Fiduciary Duty Practitioners must not accept a retainer in any action against a former client or someone from whom they have obtained confidential and material information and it is reasonable to conclude that there is a real possibility the information will be used to the persons detriment. There was no retainer between Virginia and Teddy, but a duty of confidentiality could still apply in equity if the information was believed to be confidential or in a lawyer-client

  • Business of Today

    756 Words  | 4 Pages

    with is fiduciary duties. This is so as company directors are said to be in a fiduciary relationship with the company. When directors are in a fiduciary relationship with the company, they are prohibited from doing any acts deemed prejudicial to the company. In other words, by applying the judgment in Hospital Products Ltd v United States Surgical Corpn, directors cannot and should not use his position to receive personal gains. The traditional view is that the directors owed a fiduciary duty to

  • The Managerial Shift Toward Stakeholder Relationship Management Essay

    1815 Words  | 8 Pages

    There has been a shift in managerial attitudes toward, and consideration for, social and environmental issues in recent decades (Parnell, Scott, & Angelopoulos, 2013). While mangers have traditionally been obligated to work for the good of the shareholder, widespread adoption of the stakeholder theory demands that managers seriously consider the impacts of the firm’s decisions on all affected outside parties, or stakeholders (Boatright, 1994; Parnell et al., 2013). However, purchasing and supply

  • The On The Gross Amount Charged By The Employee Company

    913 Words  | 4 Pages

    account of profits from both appellant, for breach of contracts and fiduciary duty, and equitable compensation from one of the appellants for breach of duty and misuse of confidential information. The issue on appeal was Palmer J’s order that Harris pay compensation in the sum of $11,000 for his misuse of the confidential information. The appellants sought leave to appeal against the orders for exemplary damages for breach of fiduciary duty, which was granted. ACCOUNT OF PROFITS In Dart Industries