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Fiduciary - Law Dictionary Search Results

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fiduciary relationship

fiduciary relationship : a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party called also confidential relationship fiduciary relation see also fiduciary duty at duty NOTE: A fiduciary relationship may be created by express agreement of the parties, or it may be imposed by law where established by the conduct of the parties. Typical fiduciary relationships exist between agents and principals, attorneys and clients, executors or administrators and legatees or heirs, trustees and beneficiaries, corporate directors or officers and stockholders, receivers or trustees in bankruptcy and creditors, guardians and wards, and confidential advisors and those advised. ...


fiduciary duty

fiduciary duty see duty ...


fiduciary shield doctrine

fiduciary shield doctrine : a doctrine barring a state from exercising personal jurisdiction over a nonresident defendant as an individual if the acts for which the defendant is being sued were performed in his or her capacity as a corporate agent or employee ...


Fiduciary

Involving confidence or trust confident undoubting faithful firm as in a fiduciary capacity...


Fiduciary

Fiduciary [fr. fiduciarius, Lat.], one who holds anything in trust. See TRUST.One who owes to another the duties of good faith, trust confidence, and candor, Black's Law Dictionary, 7th Edn., p. 640...


fiduciary

fiduciary ...


duty

duty pl: du·ties [Anglo-French deuté indebtedness, obligation, from deu owing, due, from Old French see due ] 1 : tasks, service, or functions that arise from one's position [performing a police officer's duties] ;also : a period of being on duty see also jury duty 2 : an obligation assumed (as by contract) or imposed by law to conduct oneself in conformance with a certain standard or to act in a particular way [ of good faith] [a to warn of danger] see also public duty doctrine, special duty doctrine duty of can·dor [-kan-dər] : a duty obligating directors of a corporation to disclose all material facts known to them about a transaction when they are seeking shareholder approval duty of care : a duty to use due care toward others in order to protect them from unnecessary risk of harm duty of fair representation : a duty obligating a labor union to represent the employees in its collective bargaining unit fairly and in good faith duty of loy·al·t...


Breach of trust

Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...


Entrustment

Entrustment, means 'the transfer of possession of goods to a merchant who deals in goods of that type and who may in turn transfer the goods and all rights to them to a purchaser in the ordinary course of business' (Black's Law Dictionary), see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.The expression 'entrustment' carries with it the implication that the person handing over any property or on whose behalf that property is handed over to another, continues to be its owner. Entrustment is not necessarily a term of law. It may have different implications in different contexts. In its most general significance, all its imports is handing over the possession for some purpose which may not imply the conferment of any propriety right therein. The ownership or beneficial interest in the property in respect of which criminal breach of trust is alleged to have been committed, must be in some person other than the accused and the latter must hold it on account of s...


Account

Account, means a formal statement of transactions between two parties including debtor-creditor relation and arising out of contract or some fiduciary relations, Central Bureau of Investigation v. V.C. Shukha, (1998) 3 SCC 410.Means a claim or demand by one person against another creating a debtor-creditor relations, a formal statement in detail of transactions between two parties arising out of contracts or some fiduciary relations, Words and Phrases, Permanent. Edn. Vol. 1A at p. 336-338....


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