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  1. fiduciary duty

    Overview When someone has a fiduciary duty to someone else, the person with the duty must act in ... a way that will benefit someone else financially. The person who has a fiduciary duty is called the ... fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary. If the ...

  2. apparent authority

    corporations AGENCY LAW Agency fiduciary duty FIDUCIARY LIABILITY fiduciary relationship ...

  3. fiduciary

    A fiduciary, derived from the Latin term for “trust”, is a person owing a  fiduciary duty  to ... another. When someone has a fiduciary duty to someone else, the person with the duty must act in a way that ... will benefit someone else financially. Owing a fiduciary duty to a party creates a fiduciary ...

  4. fiduciary duties of trustees

    The fiduciary duties of trustees refer to the duties owed when managing a trust by a trustee to ... the beneficiary.  Like other fiduciary relationships, trustees have fiduciary duties of care, loyalty, ...

  5. fiduciary relationship

    A relationship in which one individual owes another a fiduciary duty to act in the other’s ... interest. Certain interactions may give rise to a fiduciary relationship, regardless of the parties’ intent. ... and an agent is a fiduciary relationship,” and the creation of an agency relationship does not require ...

  6. surcharge

    the court orders the fiduciary to pay an amount of money to repair the damages caused to the ... beneficiary because the fiduciary has breached its fiduciary duties. [Last updated in October of 2021 by the ...

  7. capture doctrine: trusts

    trust to the estate of the donee of the power. For example, in Fiduciary Trust Co. v. Mishou, the ... original instrument and to become part of the estate of the donee of the power. (Fiduciary Trust Co. v. ...

  8. defalcation

    Defalcation often arises regarding trustees or fiduciaries in their jobs regarding estate or corporate funds.  ...

  9. prudent person rule

    The prudent-person rule, also known as the prudent investor rule, holds that a fiduciary may only ...

  10. self-dealing

    Self-dealing is when a person with a fiduciary duty to a company takes action to gain personal ... benefit, instead of for the benefit of the company. For people who may not have a direct fiduciary duty, it ... since the person who has a fiduciary duty to the corporation, according to the  Delaware General ...

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