Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

fiduciary duty

Read a random definition: sale on approval

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
ChiefComplexHammerHead
9:35
I think there are some fantastic regional schools that give amazing placement, like u said Grey it just depends on if you’re good with not leaving that area
ChiefComplexHammerHead
9:35
Side note, anyone have an idea of what type of waves we might have today/what schools?
GreyCeaselessMammoth
9:36
yep!! when i started my journey i looked up where the attorneys i most respect at my job went and they were overwhelmingly local or regional schools
GreyCeaselessMammoth
9:37
i have no idea, i saw someone mention a michigan r wave. i shudder to think of such a thing
ChiefComplexHammerHead
9:37
Ffs I applied to mich as well
ChiefComplexHammerHead
9:38
I’m expecting a massacre next week
GreyCeaselessMammoth
9:39
same
GreyCeaselessMammoth
9:39
i think USC might be coming soon
9:39
this sucks
llama
9:40
massacre really is the perfect word for it: there will blood in the streets/ salt in so many wounds. feelsgoodman not giving a flying fuck.png
ChiefComplexHammerHead
9:42
Fuck when’d you apply to schools?
9:43
this process has given me depression
9:44
i go home from work and sleep till 9pm then eat 3 bites of food and go back to bed
ChiefComplexHammerHead
9:44
I’m just doing everything I can to stay busy so I don’t think about it, but then there’s days like today
GreyCeaselessMammoth
9:45
i wish i didn't have a computer job. I just sit here refreshing and worrying. i hardly think about it when i'm out in the real world
llama
9:45
I am a DR. I prescribe all of you to: adopt a nihilistic approach to this process. Thank me later
triplethread
9:45
right
ChiefComplexHammerHead
9:48
I love buzzwords HAHAH
triplethread
9:50
i hate them so much. like when everyone was saying "Parasocial" to just mean someone having a special interest
ChiefComplexHammerHead
9:50
BU sending out R’s already was not what I expected at 6:50 AM
ChiefComplexHammerHead
9:51
Tbf its 9:50 Boston time
hi everyoone. need sme advice! so i have asked my professor to write me a letter of rec, she happily agrreed to write me one but i've reminded her about twice now and the last reminder i sent was 12/17, she replied and saif she would work on my letter that weekend due to her graidng final papers. i havent heard back since!
sorry for all the typos
i dont want to be too pushy or come across as annoying bc i've heard many profs say they get annoyed or insulted when reminded many times for LOR, but i am getting anxious
ChiefComplexHammerHead
10:00
@CristianoRonaldo: I would definitely reach out to her this like Monday or something. It’s understandable to be anxious and u also don’t wanna wait too long to get screwed over. Also Messi is better.
triplethread
10:03
@CristianoRonaldo: i would send another email but dont freak out. my profs waited until the last possible day to submit my letters. i would include a note about how you want to have the best shot possible at a school, and if its not submitted soon you might miss out
im scared my apps r already too late for this cycle
it sucks because I have everything ready to go
triplethread
10:12
if your stats are good enough, you will be fine. jan is when the average applicant applies to law school
triplethread
10:13
if you are not average at most of your schools then i would be scared
LSD+ is ad-free, with DMs, discounts, case briefs & more.