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1. lawjournal.mcgill.ca › article › understandingUnderstanding Fiduciary Duties and Relationship Fiduciarity

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   Introduction Why is the fiduciary concept so difficult to understand? After all, its history in English law dates back more than three hundred years and its philosophical and doctrinal origins reach back even farther. Fiduciary principles in common law jurisprudence predate even the seminal case of Keech v. Sandford[1] (Keech) in 1726 that is generally … Continued

2. www.investopedia.com › terms › dDuty of Loyalty: What it is, How it Works, Example - Investopedia

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   Sep 30, 2024 · Duty of loyalty is a person's responsibility to act at all times in the best interests of their company. The duty of loyalty is one of the two primary fiduciary duties required to be discharged by ...

   • Author: Will Kenton

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     What Is a Fiduciary Duty? Examples and Types Explained

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4. www.mccarthy.ca › en › insightsGalambos v. Perez: The Supreme Court of Canada Clarifies the ...

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   Mar 25, 2010 · The decision has potentially wide-ranging commercial implications, since an ad hoc fiduciary relationship is one that may arise on the particular facts of a case. It thus stands in contrast to a " per se " fiduciary relationship, which can arise only in certain limited contexts (e.g., those involving solicitor-client, doctor-patient, or trustee-beneficiary relationships).

5. academic.oup.com › edited-volume › 41576The Fiduciary Duty of Loyalty | The Oxford Handbook of ...

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   May 9, 2019 · Abstract. This chapter addresses the fiduciary duty of loyalty. Loyalty is a central concept in fiduciary law, even as scholars differ on whether we should reason from fiduciary relationships to loyalty obligations, or the other way around. Nonetheless, the common view across jurisdictions and across theories is that loyalty is vital to ...

6. lawjournal.mcgill.ca › article › loyaltyLoyalty - McGill Law Journal

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   The Civil Code of Québec imposes on the employee an obligation to “act faithfully and honestly” (article 2088); in the French version, “ avec loyauté .”. This is a text of law that demands loyalty outside of a fiduciary relationship; an example of a legal implementation of minimalist loyalty. While the Code stipulates that spouses owe ...

7. ca.practicallaw.thomsonreuters.com › 1/107/5744Fiduciary duties | Practical Law - Thomson Reuters

   ca.practicallaw.thomsonreuters.com › 1/107/5744

   Fiduciary duties. The duties, pre-eminently a duty of loyalty, owed by a fiduciary to the other person in the fiduciary relationship, for example, by a trustee to the beneficiaries of a trust; by an agent to the agent's principal; by a company director to the company. The scope of the duties owed in any given case ultimately depends on the ...

8. People also ask

   Why is loyalty important in fiduciary law?

   • Loyalty is a central concept in fiduciary law, even as scholars differ on whether we should reason from fiduciary relationships to loyalty obligations, or the other way around. Nonetheless, the common view across jurisdictions and across theories is that loyalty is vital to fiduciary relationships.

   The Fiduciary Duty of Loyalty - Oxford Academic

   academic.oup.com/edited-volume/41576/chapter/353150875

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   What does loyalty mean in a fiduciary case?

   • Essentially however, as Leggatt LJ (sitting at first instance) explained in Al Nehayan v Kent EWHC 333 (Comm): Loyalty means being guided solely by the interests of the other person and not by any consideration of the fiduciary's own interests.

   Fiduciary duties | Practical Law - Thomson Reuters

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   Are fiduciaries loyal?

   • Often, fiduciaries are thought of as people who are required to be loyal to another person: the beneficiary. Sometimes, however, their loyalty must be directed not to a person, but to an abstract purpose. This is the case in relation to dispositive discretions that trustees hold, such as a power to add beneficiaries.

   Loyalty - McGill Law Journal

   lawjournal.mcgill.ca/article/loyalty/

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   What is a duty of loyalty?

   • 77. The phrase “duty of loyalty” is primarily used by American scholars and in the jurisprudence of the United States to describe fiduciary duties, more particularly in the corporate law realm and especially in Delaware. Show more —and the duty to maintain confidences.

   Understanding Fiduciary Duties and Relationship Fiduciarity

   lawjournal.mcgill.ca/article/understanding-fiduciary-duties-and-relationship-fiduciarity/

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   What are the core features of fiduciary loyalty?

   • This chapter first provides an overview of the core features of fiduciary loyalty, with particular emphasis on the no-conflict rules, which have two basic components: a rule against conflicts of interest and a rule against conflicts of duty.

   The Fiduciary Duty of Loyalty - Oxford Academic

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   Is loyalty a virtue?

   • Loyalty has many meanings, within and without the law. There is a difficult question about whether loyalty is a virtue, inasmuch as one can be loyal to many causes, not all of them virtuous. For many jurists, the notion of loyalty evokes the common law’s fiduciary relationship and the norms that are particular to that relationship.

   Loyalty - McGill Law Journal

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9. papers.ssrn.com › sol3 › papersFiduciary Loyalty, Inside and Out - SSRN

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   Aug 20, 2018 · Whether a fiduciary satisfies the demands of loyalty depends, at least in part, on how she deliberates, how her deliberation is connected with her actions, and how sturdy her commitments to her beneficiary are. Both inside the law and out, loyalty makes demands on the inside of the fiduciary. We call this view cognitivism about fiduciary loyalty.