Showing 651 - 660 of 30,614
create fiduciary relationships between firm and consumer as a matter of law. Recognizing this fiduciary relationship at law … they transact not to expose them to economic exploitation and undue security risks: the very essence of a fiduciary … relationship. Firms owe fiduciary duties of loyalty and care to their customers that cannot be displaced by assent to boilerplate …
Persistent link: https://www.econbiz.de/10012832039
the character of fiduciary duties are regularly proposed by reformers as a way to reduce various harms, from plant …, leading to reforms like the “benefit corporation.” Finally, the fiduciary duty has generally been understood to be an …-world results follow an alteration of the character of fiduciary duties. Most importantly, it examines whether controlling the self …
Persistent link: https://www.econbiz.de/10012834829
expanded managerial fiduciary duties in favor of creditors for Delaware-incorporated firms in the vicinity of insolvency. In …
Persistent link: https://www.econbiz.de/10012835513
markets through the lens of transnational fiduciary law. The aim of the Article is twofold. On the one hand, it is a … comparative study on the potential and limitations of fiduciary law in a “hard case.” This analysis is inductive in nature. It … aims at contributing to a better understanding of fiduciary law doctrines in both common and civil law jurisdictions. On …
Persistent link: https://www.econbiz.de/10012836885
The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from … trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of … away from traditional fiduciary obligations as the primary constraint on the conduct of plan administrators, particularly …
Persistent link: https://www.econbiz.de/10012837372
Delaware precedent, primarily Trados and ODN, holds that corporate boards of directors owe fiduciary duties to holders … of preferred stock.Rarely analyzed or applied in an intra-corporate context, the fiduciary duty of impartiality allows a … fiduciary to exercise discretion while having a duty to act bona fide in the best interests of the beneficiaries as a whole …
Persistent link: https://www.econbiz.de/10012862631
This chapter explores how fiduciary principles have shaped international law from colonial times to the present …. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also … affirms that certain offices, institutions, and roles attract fiduciary duties, the international community has struggled to …
Persistent link: https://www.econbiz.de/10012863216
Two decisions of the English Court of Appeal appear to fracture our regulation of the opportunism of fiduciaries. However the reasoning is not robust, and that suggests caution in relying on the propositions advanced
Persistent link: https://www.econbiz.de/10012864007
298, of submissions that exemplary damages may be awarded in respect of a breach of fiduciary obligation rested heavily on … fiduciary obligations emphasises the elimination of the incentive for fiduciaries to be disloyal, fiduciary obligations can be … fiduciary's part. Since deterrence or elimination of incentives is not an essential element of the justification for fiduciary …
Persistent link: https://www.econbiz.de/10012864354
This chapter explores fiduciary duties in India by examining both those arising from the standard fiduciary situations … study of the fiduciary duties owed by the person managing the HUF (the “Karta”) to the members of the HUF. This chapter … Karta. The Karta has considerable power over HUF property, but only limited fiduciary duties (i.e., a duty of loyalty …
Persistent link: https://www.econbiz.de/10012864419