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Categories: Common law Equity Legal occupations All articles with unsourced statements Articles with unsourced statements since June 2008 |
Summary Of: FiduciaryThis article is about fiduciary in the legal sense... which governed fiduciary relations prior to the Judicature Acts... which governed fiduciary relations prior to the Judicature Acts... which governed fiduciary relations prior to the... or acts in a fiduciary capacity to another... In a fiduciary relation one person justifiably reposes confidence... A fiduciary is someone who has undertaken to act for and on behalf of another in a... the fiduciary relation is arguably the most important concept within the portion of the legal system known... and as a result the concept of fiduciary duty also became usable in... When a fiduciary duty is imposed... It is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty... not to be in a situation where his fiduciary duty conflicts with another fiduciary duty... and a duty not to profit from his fiduciary position without express knowledge and consent... A fiduciary cannot have a... he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty... Fiduciary duty in different jurisdictions... Fiduciary duty in different jurisdictions... Fiduciary duty in different jurisdictions... Different jurisdictions regard fiduciary duties in different lights... expressed here follows the general body of elementary fiduciary law found in most common law jurisdictions... The most common circumstance where a fiduciary duty will arise is between a... may be held to a fiduciary duty similar in some respects to that of a trustee... his financial affairs in the hands of a fiduciary and giving up all right to know about or intervene in their handling... The fiduciary functions of trusts and agencies are commonly performed by a... the judge can declare that a fiduciary relation exists between the parties... Relationships which routinely attract by law a fiduciary duty between certain classes of persons include these... The fiduciary of a fideicommissum is a... and one that receives property from a fiduciary heir is a... Fiduciary principles may be applied in a variety of legal contexts... more in the manner of a partnership then fiduciary relationships can and often will arise... may owe fiduciary duties to the... Both X and Y hold fiduciary duties to each other... A bank or other fiduciary having legal title to a mortgage may sell fractional shares to investors... A fiduciary will be liable to account if proven to have acquired a profit... it is said the fiduciary has a duty not to be in a situation where personal interests and fiduciary duty... not to be in a situation where his fiduciary duty conflicts with another fiduciary duty... and not to profit from his fiduciary position without express knowledge and consent... A fiduciary cannot have a... A fiduciary must not put himself in a position where his interest and duty conflict... it does not matter whether the fiduciary had any ill... Conflicts between one fiduciary duty and another fiduciary duty arise most often when a... conclusion that a fiduciary cannot make the principal... A fiduciary must not profit from the fiduciary position... if the fiduciary makes a profit... by virtue of his role as fiduciary for the principal... then the fiduciary must report the profit to the principal... If the principal consents then the fiduciary may keep the benefit... by the court to be held by the fiduciary on constructive trust for the principal... Fiduciary duties are an aspect of equity and... by the fiduciary to the principal... If a fiduciary takes a bribe and that bribe is considered a debt then if the fiduciary goes... Conduct by a fiduciary may be deemed... Breach of fiduciary duty may occur in... Breach of fiduciary duty by a lawyer with regard to a client is a form of... Where a principal can establish both a fiduciary duty and a breach of that duty... will find that the benefit gained by the fiduciary should be returned to the principal because it would be... to allow the fiduciary to retain the benefit by employing his strict common law legal... unless the fiduciary can show there was full disclosure of the conflict of interest or profit and that... Where the unconscionable gain by the fiduciary is in an easily identifiable form... has created and imposed a duty on the fiduciary to hold the money in safekeeping until it can be rightfully transferred to the principal... of an account of profits is that the fiduciary profited unconscionably by virtue of the fiduciary position... has taken advantage of his fiduciary position by conducting his own... t have been able to make without his fiduciary position in the original company... because profit due to fiduciary position must be separated from profit due to the fiduciary... Fiduciary Duties for Activist Shareholders... Fiduciary Duties as Default Rules...Encyclodia Page On: Fiduciary |
