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Persistent link: https://www.econbiz.de/10002723164
This Article is the second part of a two-part work that highlights the fiduciary obligation of government emanating …
Persistent link: https://www.econbiz.de/10014176464
Fiduciary duty is the golden rule ‘regulating’ the relationship between trustees and beneficiaries. In principle, it … respects, fiduciary duty is a chimera: it looks to convention rather than forward to innovation in investment management. As … such, governance policies and practice must provide the instruments that simple recipes of fiduciary duty are ill …
Persistent link: https://www.econbiz.de/10014176541
") subsidiaries regarding to whom their fiduciary duties run. Directors of solvent wholly owned subsidiaries can act in the best … creditors of the subsidiary corporation standing to sue derivatively on behalf of the subsidiary for breaches of fiduciary duty … directors of a subsidiary favor their parent corporation, the directors will risk facing a fiduciary duty lawsuit from the …
Persistent link: https://www.econbiz.de/10014176812
Fiduciary law has experienced tremendous growth over the past few decades. However, its indiscriminate and generally …. Fiduciary law was never intended to apply to the garden variety of cases. Rather, it was established for use only where the laws … dependency and peculiar vulnerability. This Article lays the foundation for developing a more sound fiduciary jurisprudence by …
Persistent link: https://www.econbiz.de/10014177785
This article analyzes the role of fiduciary relationships in Canadian administrative law, and in so doing, explores … private law or public law settings, such as the fiduciary obligation recognized as a feature of the Crown … type of fiduciary obligation to other settings. The author suggests that the concern of administrative law for elaborating …
Persistent link: https://www.econbiz.de/10014178597
One reason that plaintiffs desire to prove a breach of fiduciary obligation is that remedies following such a breach … following a breach of fiduciary duty is the constructive trust. But the courts have been aware of this and so have been cautious … about finding a breach of fiduciary duty. This paper will explain how the courts find a breach of a fiduciary duty and …
Persistent link: https://www.econbiz.de/10014180001
come to the doctrine from the perspective of an agent’s fiduciary duty will not be surprised by the remedies for breach of … faithless fiduciary, the faithless trustee. Further, while the doctrine has typically been invoked against higher …
Persistent link: https://www.econbiz.de/10014185290
plans, raises concerns about the efficiency of fiduciary duty as a means to control these conflicts …
Persistent link: https://www.econbiz.de/10014186607
running the affairs of the corporation consistent with state fiduciary principles have a history of discord. The recent …. This article argues that code of ethics rules encroach into state law in defining the fiduciary obligations of officers and …
Persistent link: https://www.econbiz.de/10014042233