the notion underlying all the cases of fiduciary obligation
that inherent in the nature of the relationship itself is a position of disadvantage or vulnerability on the part of one of the parties" (ibid at 142 [emphasis added]).
For instance, fiduciary duty was extended by statute to company directors, requiring them to act in good faith and in the best interest of the company, and parents have been found to have a fiduciary obligation
to their children in certain respects.
This is an area for pension plan advisers to exert influence on the plan sponsor and suggest periodic reviews of the plan document--especially as the company gets bigger and starts having more people and dollars in the plan--to ensure full understanding of the sponsor's fiduciary obligations
Martha Stewart had no fiduciary obligation
to anyone, and no one had ever been charged before with insider trading because his broker tipped him to another customer's sales.
While further work is required, a justification might proceed as follows: Fiduciary obligations
are recognized and legally enforced by the courts in response to relationships characterized by inequality of power, dependence, and trust.
A fiduciary obligation
, created by the government's actions as trustees for Native people, requires the government to put its own interests on the back burner when they conflict with Native interests, the Supreme Court of Canada has ruled.
After a brief historical summary of each jurisdiction, the book provides an overview of the evolution and recognition of native title, the recognition of off-shore and water rights, extinguishment and regulation of native title, and the jurisprudence concerning compensation and fiduciary obligation
One view urges that agency was the device used by the civil courts to impose a fiduciary obligation
on the broker in the absence of rules or constraints.
Because the "execution of a search warrant is a serious matter,"(13) the court expressed its opinion that the government, when executing a warrant, has a fiduciary obligation
to ensure that the principles embodied in the fourth amendment are followed and that the privacy of individuals is not invaded any more than what is reasonably necessary.
These individuals are charged with a fiduciary obligation
to truthfully account for and pay over taxes owed by a third party.
I had a fiduciary obligation
to investigate the problem, so I called the credit card company and obtained copies of the previous year's bills.
Speaker, the action taken by this government is in no way inconsistent with our fiduciary obligation
4] These courts reasoned, among other things, that there is an underlying duty of loyalty or a fiduciary obligation
that binds the physician to the patient despite the exceptions in the physician-patient privilege and that there is or may be some residue of confidential information that the plaintiff did not consent to disclose by filing suit.
Applying leading edge technology and best practices in interactive adult online education, the site guides users through the basics of what it means to be a plan fiduciary and shares strategies that can help them fulfill a fiduciary obligation
7) For instance, a TPT might grant a foreign independent trustee the power to remove all domestic trustees (including the family trustee) if he or she believes such action is needed to uphold the fiduciary obligation
to protect TPT assets.