Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

fiduciary duty

Read a random definition: inscriptio

A quick definition of fiduciary duty:

Fiduciary duty means that someone has to act in a way that will benefit someone else financially. The person who has this duty is called the fiduciary, and the person they owe it to is called the principal or beneficiary. If the fiduciary doesn't do their duty, they have to give back any money they made and the beneficiary can sue them. This duty applies to directors of corporations too, who have to act with care and loyalty to the company and its shareholders. Other people who have fiduciary duty include lawyers, agents, guardians, priests, and doctors.

A more thorough explanation:

When someone has a fiduciary duty to someone else, they must act in a way that will benefit the other person financially. The person who has the duty is called the fiduciary, and the person to whom the duty is owed is called the principal or beneficiary. If the fiduciary breaches their duties, they would need to account for any ill-gotten profit, and the beneficiaries are typically entitled to damages.

One example of fiduciary duty is when directors of corporations have certain responsibilities to fulfill. They are charged with the duty of care, which requires them to inform themselves of all material information reasonably available to them before making a business decision. They must also assess the information with a critical eye to protect the interests of the corporation and its stockholders. The duty of loyalty means that all directors and officers of a corporation must act without personal economic conflict. They are not permitted to use their position of trust and confidence to further their private interests. The duty of good faith requires them to advance the interests of the corporation and fulfill their duties without violating the law. The duty of confidentiality requires them to keep corporate information confidential and not disclose it for their own benefit. The duty of prudence requires a trustee to administer a trust with the degree of care, skill, and caution that a prudent trustee would exercise. The duty of disclosure requires directors to act with complete candor and disclose all relevant facts and circumstances to the stockholders in certain circumstances.

Another example is when attorneys have a fiduciary duty to their clients, a principal to an agent, a guardian to the ward, a priest to the parishioner, and a doctor to the patient. Fiduciary duty is imposed whenever confidence is reposed on one side in a contractual relationship, so as to allow that side to exert influence and dominance over the other.

These examples illustrate how fiduciary duty requires a person to act in the best interests of another person or entity, and to avoid any conflicts of interest that could harm the other party.

fiduciary duties of trustees | fiduciary relationship

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
LSD+ is ad-free, with DMs, discounts, case briefs & more.