Fiduciary Essays

The agent owes the principal duties in two categories: the fiduciary duty and a set of general duties imposed by agency law. But these general duties are not unique to agency law; they are duties owed by any employee to the employer. Fiduciary Duty In a nonagency contractual situation, the parties’ responsibilities terminate at the border of the contract. There is no relationship beyond the agreement. This literalist approach is justified by the more general principle that we each should be free

1. Tripper’s Best Claims Against Topcat. Topcat has committed fraud and violated fiduciary duties owed to Tripper because he did not disclose that Topcat had a stake in AND1. Furthermore Topcat defrauded Tripper because he forced Tripper, while he was under duress, to sign an endorsement contract that contained highly unfavorable clauses to Tripper, and Topcat not only failed to inform Tripper that he has a right to have another lawyer review the contract, but also, he insisted that he need

of a technology company, TZ LTD based in Sydney was found guilty by the Supreme Court (NSW) under 24 counts of dishonest conduct. Mr Sigalla did not fulfill his director duties breaching both the fiduciary (General Law) and statutory (Corporate Act 2001) duties. Under general law directors have fiduciary duties, which require directors to act in the company interests at all times. Even if the corporate opportunity may arise, directors such as Sigalla, are expected to not seek further benefits personally

Pocketing the Greens- Alex Erlito S. Fider 1.) Immediate Issue(s) or Problem(s) The duties of the directors for Cheap Pharma as well as to GreenMed is to monitor its prosperity to ensure a smooth day to day operation of the business. Also, they act as representative of its shareholders and make it sure that they are accountable to inform/ report to its shareholders on the standing of the whole company. Furthermore, they should not be fail to promote company’s vision and mission as well as it

Housing Associations are governed by a group of individuals, known by various titles such as governing committees, board of governors, boards of directors, management committees and council. In this essay they shall be addressed as ‘the board of directors’ or ‘the board’ for short. The overall role of the board is to direct the organisation. The Board is responsible for ‘Strategy formulation, policymaking, supervision of executive management and accountability to shareholders. (Tricker 2012) The

Fiduciary duty: A fiduciary duty is a legal obligation to act in the best interest of a client or broader corporate entity. It sets the expectation that directors and officers place the interests of the firm over their personal interests. Business judgment rule: The business judgment rule lays out two requirements for directors and officers: that they uphold the duty of care and the duty of loyalty. In brief, they must conduct reasonable research before making corporate decisions, and must not

Marxist Perspective: Controlling Factors Even in today’s society, money is widely accepted to be the most important factor in one’s decisions. Ranging from everyday decisions such as where to eat, to even political elections, it is widely accepted that money controls all. A world without the concept of money is almost impossible to comprehend due to the importance we have placed on it as a society and as a species. Money and socio-economic power are crucial to understanding the decisions of human

The current position of how conflict of interest operates in the legal profession, is under scrutiny. If the current position is removed and instead adopt a strict rule based approach there a questions that arise to whether it would be suitable, how would anyone monitor if lawyers deal with conflict of interest situations appropriately or even act in way that is an direct conflict of interest to themselves or another client. The current method can be deemed suitable in governing the ethics of conflict

Yum brands: Taco Bell • Taco Bell is the nation's leading Mexican-inspired quick service restaurant brand. From breakfast to late night, Taco Bell offers a wide range of Mexican menu items, and serves more than 36.8 million consumers each week in approximately 6,500 restaurants worldwide. They serve made-to-order tacos and burritos, among other foods. Taco Bell and its more than 350 franchise organizations proudly serve over 42 million customers each week through nearly 7,000 restaurants across

A Delaware Protection Trust (DAPT) is an irrevocable self-settled trust that is for the settlors own benefit. Since the Trust is self-settled, the grantor is still able to maintain some degree of control through appointment, removal, and decision making procedures (Karl & Levin, 2013). A DAPT trust can contain a wide array of assets, depending on the type of restriction in place by the applicable state laws of the grantors residence. A DAPT trust can is method for securing and protecting ones assets

SpongeBob SquarePants is not guilty of murdering Mr. Krab. SpongeBob is innocent for a number of reasons. Some of the reasons Spongebob is innocent are: they found multiple fingerprints on the spatula that was used in the murder of Mr. Krabs. First of all, evidence number 2 states: “there was a spatula found next to the body. It was covered in Mr. Krabs’s blood, but so was everything else around it. The spatula had several sets of fingertips, including SpongBob’s, Squidward’s, and Mr. Krabs’s. It

Confidentiality I will be committed to maintaining the highest degree of confidentiality with all clients. I will make sure to protect all personal information I receive during the course of my services despite my personal opinions. I promise to conduct myself in a professional manner, and not engage in any corruption that involves the release of private client information because gaining the clients trust is important. I understand that if I do breach confidentiality, it could be detrimental to

Arguments presented by the directors of Mining Ltd and the justifications The directors of Mining Ltd decided not to comply with the accounting standard AASB112 on tax-effect accounting. By doing this, the annual report of Mining Ltd shows an accounting profit of A$60 million, with nil tax expense. According to AASB112, paragraph 5, accounting profit is defined as profit or loss for a period before deducting tax expense based on the accounting standards whereas, taxable profit is the profit

The short stories of Ted Chiang are written in a way for the overarching structure to give deeper meaning to the stories. The rationale for why Chiang writes in this way is to help vary his writing style and helps to focus the theme into a more limited amount of words. One might view this as just a normal variation in the way of writing that most authors have in their writing style. However, this view overlooks the themes that Chiang presents in his works and when combining those themes with the

There are many nonprofits and charities in Delaware who struggle to raise money. Charles Vincent saw this as an opportunity to create Delaware Charity Challenge to help support these organizations. Vincent sites that fundraising and grants are competitive and difficult to receive. The charities are able to participate in DCC without the headaches and time commitment of a usual fundraiser. Delaware Charity Challenge is designed to assist charities through the public’s participation in indoor

Introduction This report aims to provide guidance on a board of directors restructuring for De Buys & Sons in accordance with Section 72 of the 2008 Companies Act and the King IV Code. The report identifies the flaws in the current board structure and suggests one that is more in line with ethical standards. To ensure that the business follows moral and ethical business practices, it also calls for the creation of a social and ethics committee. The recommendations made in this report will promote

to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to

Abstract: The purpose of this research assignment is to explain and elaborate the Australian partnership and fiduciary laws. And also the duties and obligations that partners owes to one another. In accordance with the general rules of partnership and agency relation in Australian commercial and business law. Introduction: In the firm named Y & W partners, me and Alex Wolfe were working together. I am an accountant and under the firm Y & W partners we provided audit and taxation services and advices

and local funds are: governmental funds, proprietary funds, fiduciary funds, and lastly, government-wide. The fund statements for governmental funds are presented using the current financial resources measurement focus and modified accrual basis of accounting. Governmental funds do not receive services in direct proportions to

plaintiffs who were involved in an explosion at a Phillips 66 chemical plant in 1989 sued their attorneys for “breach of fiduciary duty, fraud, violation of the Deceptive Trade Practices – Consumer Protection Act, negligence, and breach of contract” and therefore demanded forfeiture of any of the attorneys’ fees. The plaintiffs alleged that their attorneys breached their fiduciary duty towards them by, among other things, entering into a secret settlement with Phillips regarding the Plaintiffs’ claims