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Journal articles on the topic 'Fiduciary liability'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Medill, Colleen. "The Federal Common Law of Vicarious Fiduciary Liability under ERISA." University of Michigan Journal of Law Reform, no. 44.2 (2011): 249. http://dx.doi.org/10.36646/mjlr.44.2.federal.

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The Employee Retirement Income Security Act of 1974 ("ERISA"), the federal law that regulates employer-sponsored benefit plans, has a rich history of judiciallycreated federal common law. This Article explores the theoretical, policy, statutory, and stare decisis grounds for the development of another area offederal common law under ERISA-the incorporation of respondeat superior liability principles to impose ERISA fiduciary liability ("vicarious fiduciary liability") upon a corporation for the fiduciary activities of its employees or agents. The Article proposes that the federal courts should

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2

Miller, Paul B. "A Theory of Fiduciary Liability." McGill Law Journal 56, no. 2 (2011): 235–88. http://dx.doi.org/10.7202/1002367ar.

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The law of fiduciaries has been developed in an unprincipled manner. Consequently, the common law lacks a clear idea of the nature of the fiduciary relationship, the justification for fiduciary duties, and the purpose of fiduciary remedies. However, according to the author a principled theory of fiduciary liability may be derived from the common law. The focal point is the recent decision of the Supreme Court of Canada in Galambos v. Perez. The theory of liability suggested by Galambos and developed by the author is based on the conventional notion that fiduciary liability is premised upon the

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3

Putra, Taufiq Hidayat, Busyra Azheri, and Dasman Dasman. "Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (2019): 744. http://dx.doi.org/10.18415/ijmmu.v6i3.898.

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The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor

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4

Dwi, Tatak Subagiyo, Revita Delycia, Chalim Noer, and Arifin. Samsul. "Criminal Liability against Distracting Offenders Fiduciary Guarantee." International Journal of Social Science and Human Research 07, no. 01 (2024): 318–28. https://doi.org/10.5281/zenodo.10523829.

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This This research aims to find out whether there are cases in criminal cases that violate Law Number 42 of 1999 concerning Fiduciary Guarantees, so that readers can find out about the regulation of fiduciary guarantees in terms of Law Number 42 of 1999 concerning Fiduciary Guarantees. And so that you can find out about the criminal liability of renting out goods that are the object of fiduciary collateral without written permission from the fiduciary recipient. And also so that it can be a lesson for all of us. And also the results of research files pekara I meticulously and from several sour

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5

Marsandy Calvin Budiman, Nirwan Junus, and Sri Nanang Kamba. "Implikasi Hukum Dalam Transfer Jaminan Fidusia Tanpa Persetujuan Penerima Fidusia." Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2, no. 2 (2024): 242–57. https://doi.org/10.59581/doktrin.v2i2.2706.

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The aim of this research is to identify and analyze the factors that drive fiduciaries to transfer fiduciary objects to third parties without the consent of the fiduciary receiver. Furthermore, this study also aims to analyze the legal protection provided to the fiduciary receiver concerning the transfer of fiduciary collateral conducted by the fiduciary without the consent of the fiduciary receiver. Lastly, this research will examine the criminal liability that arises from the transfer of fiduciary collateral without the consent of the fiduciary receiver.In conducting this research, the resea

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6

Murad Akhundov, Bahram. "CIVIL LIABILITY OF LEGAL ENTITIES." SCIENTIFIC WORK 53, no. 04 (2020): 108–10. http://dx.doi.org/10.36719/aem/2007-2020/53/108-110.

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7

Lie, Gunardi, Moody Rizqy Syailendra Putra, and Belicia Widhyana Yulia Putri. "Fiduciary Shares as Collateral in Granting Credit." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (2023): 651–56. http://dx.doi.org/10.57235/qistina.v2i1.503.

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In a debt agreement, of course the existence of collateral is very important so that the creditor can feel safe about the loan given to the debtor. Shares are one of the valuable and valuable intangible moving objects. Arrangements relating to shares are regulated in Law Number 40 of 2007 concerning Limited Liability Companies. Although it is not yet known the exact and clear definition of shares in Law Number 40 of 2007 concerning Limited Liability Companies, the regulation provides several provisions which are presumably related to shares. One of the interesting guarantees discussed in relat

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8

Ghahramani, Salar. "Business Ethics, Contractarianism, and (Optional?) Fiduciary Duties in Corporate Law." Business Law Review 39, Issue 1 (2018): 20–24. http://dx.doi.org/10.54648/bula2018005.

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Fiduciary law is in a perpetual state of evolution – yet its application to corporate law remains a constant. This article examines the role of fiduciary law in limited liability companies (LLCs) and advances the view that the examination of the LLC/fiduciary nexus may instruct legal theorists as to whether fiduciary law has ethical origins or is strictly contract based. The analysis, the article concludes, helps understand whether fiduciary duties exist only if denoted in a contract, or whether there are overarching ethical and judicial principles that render certain business relationships fi

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9

Munro, Blair. "Limited Liability Partnerships and Fiduciary Duties." Edinburgh Law Review 21, no. 3 (2017): 417–23. http://dx.doi.org/10.3366/elr.2017.0438.

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10

Conaglen, Matthew D. J. "FIDUCIARY LIABILITY AND CONTRIBUTION TO LOSS." Cambridge Law Journal 60, no. 3 (2001): 441–92. http://dx.doi.org/10.1017/s0008197301341193.

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Having made a successful takeover bid for Western United, Kia Ora found that it had paid $25.7m in cash and issued 67.9m $1 shares in return for Western United shares worth only $6.4m. Kia Ora successfully sued several former directors. The High Court of Australia’s decision in Pilmer v. Duke Group Ltd. (in liq.) (2001) 180 A.L.R. 249 concerns aspects of the liability of Kia Ora’s accountants, Nelson Wheeler, for providing a report stating that the price proposed for the Western United shares was fair and reasonable. The report was prepared incompetently and Nelson Wheeler were held liable by

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11

Diane Zaini, Zulfi, and Rudi Irawan. "Liability Of Criminal Actions Transfering Objects Of Fiduciary Security Without Approval From The Fiduciary Recipient." Jurnal Gagasan Hukum 4, no. 01 (2022): 62–70. http://dx.doi.org/10.31849/jgh.v4i01.8656.

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The presence of various consumer finance institutions has contributed greatly to the economic development of the community, especially people who have difficulty dealing with banks. The purpose of the research is to find out, understand and analyze the factors that cause the perpetrator to commit a crime, the criminal responsibility of the perpetrator of a crime and the basis for the judge's consideration in imposing a sentence against the perpetrator of a crime. The research method used is normative empirical. The ownership rights to the fiduciary collateral have been transferred to the fiduc

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12

Aryono, Aryono, and Rina Arum Prastyanti*. "Criminal Liability in Withdrawing Fiduciary Collateral to Leasing Parties by Debt Collectors Based on Law Number 42 Year 1999 on Fiduciary Guarantee." Riwayat: Educational Journal of History and Humanities 6, no. 2 (2023): 527–33. http://dx.doi.org/10.24815/jr.v6i2.30885.

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This journal will discuss the criminal obligation of the leasing participation in withdrawing fiduciary collateral through current and future debt collectors in line with law number 42 of 1999 regarding Fiduciary guarantees. Leasing participation on Withdrawal of Fiduciary Collateral through Debt collectors according with the regulation. Efforts for criminal liability of the leasing participation within the revocation of fiduciary ensures through the gathering authority according with law number 42 concerning fiduciary collateral, indicating that a person who has a strength of attorney from a

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13

Mitchel, Ezra Wasserman. "Bureaucracy in the Service of Law: Holding Chinese Controlling Shareholders Accountable." International Business & Economics Studies 5, no. 1 (2023): p1. http://dx.doi.org/10.22158/ibes.v5n1p1.

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Common law style fiduciary duty has existed in Chinese Company Law as a statutory matter since 2006 and, by at least one account, far longer in practice. But most of the literature has pronounced it a failure, or, at best, a slowly developing doctrine. All of this literature deals with fiduciary duty in privately-held companies, because that is where virtually all of the cases take place. Yet proposed amendments to the China Company Law double down on fiduciary duty.Company Law also provides for controlling shareholder liability, but cases are few and far between, and virtually non-existent in

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14

Zerlina Jihan Deavinsa and Mohamad Fajri Mekka Putra. "NOTARY ROLE IN ONLINE REGISTRATION IMPLEMENTATION OF FIDUCIARY GUARANTEE ON CREDIT AGREEMENTS." Awang Long Law Review 5, no. 1 (2022): 147–53. http://dx.doi.org/10.56301/awl.v5i1.545.

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This study aims to determine the Notary's role toward creditors in the online registration of the Fiduciary Guarantee Deed and the Notary's responsibility if there is an error in the online registration of the Fiduciary Guarantee Deed. Empirical legal research is conducted in this study using a descriptive design that includes field and library research, utilizing a qualitative data analysis approach. The findings of this study suggest that notary play a significant role in people's lives, particularly when creating authentic deeds following statutory requirements. A notary is authorized by th

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15

Domazet, Ivana, and Ivana Simeunovic. "Company's fiduciary responsibility for the automobile liability insurance." Ekonomika preduzeca 63, no. 3-4 (2015): 196–204. http://dx.doi.org/10.5937/ekopre1504196d.

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16

Heydon, J. "Modern fiduciary liability: the sick man of equity?" Trusts & Trustees 20, no. 10 (2014): 1006–22. http://dx.doi.org/10.1093/tandt/ttu148.

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17

Konrad, Scott, and Cory Jorbin. "Reducing nonprofit fiduciary liability: Mitigating your organization's risks." Board & Administrator for Administrators Only 40, no. 9 (2024): 1–4. http://dx.doi.org/10.1002/ban.31669.

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Nonprofit organizations and their leaders, as sponsors and fiduciaries of group health and welfare plans, operate within a fluid regulatory environment. They must generally adhere to the same federal, state and local laws as their for‐profit counterparts, but sometimes do so with less‐stringent governance. They often rely on well‐intentioned volunteer boards, streamlined human resource structures and a mission‐driven focus that can overshadow meticulous attention to regulatory details.

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18

Sinaga, Viator Harlen, T. Gayus Lumbuun, Abdul Latief, and Anwar Budiman. "Responsibilities of the Board of Directors in Limited Liability Companies." Justice Voice 3, no. 1 (2025): 17–28. https://doi.org/10.37893/jv.v3i1.1134.

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Civil liability of directors involves managing and representing limited liability companies under the doctrine of the business judgment rule, which originated in the United States within the common law system and is examined in civil cases. In contrast, Indonesia, following the civil law system, holds directors of State-Owned Enterprises (SOEs) accountable for company mismanagement that leads to state losses, typically addressed in criminal cases, such as corruption. However, this responsibility is also linked to the business judgment rule. Directors make business decisions aligned with the co

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19

Millett, Peter. "BRIBES AND SECRET COMMISSIONS AGAIN." Cambridge Law Journal 71, no. 3 (2012): 583–614. http://dx.doi.org/10.1017/s0008197312000839.

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Where a fiduciary receives a bribe or a secret commission in breach of fiduciary duty it remains controversial whether the bribe or secret commission will be held on constructive trust for the principal. The Court of Appeal has held that in most cases there will only be a personal liability to account. That is incorrect. The duty of the fiduciary is to serve the interest of the principal to the exclusion of his own interest. A fiduciary who keeps a profit for himself abuses the trust and confidence placed in him by the principal. He is bound to hand it over to his principal the moment he recei

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20

Fox, David. "EQUITIES TO RESCIND AND INTERESTS UNDER RESULTING TRUSTS." Cambridge Law Journal 59, no. 3 (2000): 421–71. http://dx.doi.org/10.1017/s0008197300280203.

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Twinsectra Ltd. v. Yardley [1999] Lloyd’s Rep. Bank. 438, a unanimous decision of the Court of Appeal, illustrates the various liabilities of a fiduciary who obtains money by a fraudulent misrepresentation. Apart from liability at law for deceit, he may be liable in equity as a resulting trustee or the claimant may rescind the transaction for fraud. This note asks how real the differences are between these two equitable means of reversing the unjust enrichment of the fiduciary.

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21

Rusli, Tami, Yulia Hesti, and Heru Andrianto. "ASPEK KRIMINOLOGI TERHADAP TINDAK PIDANA MENGALIHKAN OBJEK JAMINAN FIDUSIA TANPA PERSETUJUAN TERTULIS TERLEBIH DAHULU DARI PENERIMA FIDUSIA BERDASARKAN PUTUSAN PENGADILAN NEGERI TANJUNGKARANG NOMOR : 740/PID.SUS/2020/PN.TJK." Keadilan 20, no. 2 (2022): 61–75. http://dx.doi.org/10.37090/keadilan.v20i2.722.

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A person in a consumer financing agreement with a fiduciary guarantee is prohibited from transferring the object of the fiduciary guarantee to another party without the consent of the fiduciary recipient. This study discusses the problem of what are the factors causing the perpetrator and how criminal responsibility for the perpetrator of a criminal act transfers the object of the fiduciary guarantee without prior written consent from the fiduciary recipient. This study uses a normative juridical approach and an empirical juridical approach. Collecting data by field studies and literature stud

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22

Polontoh, Herry, and Frans Reum. "Fiduciary in Civil Law and Bankruptcy Law Perspective." Jurnal Indonesia Sosial Teknologi 5, no. 4 (2024): 1454–63. http://dx.doi.org/10.59141/jist.v5i4.1006.

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The fiduciary gives the creditor the right to pledge his property to the debtor as security for the debt given. In practice, there are often disputes between creditors and debtors related to fiduciaries. This dispute can occur due to various factors, such as the default of the debtor or the bankruptcy of the debtor. The purpose of this study is to identify and analyse the regulation and practice of fiduciaries from the perspective of civil law and bankruptcy law. This study used normative research methods. Data collection techniques are carried out by literature study. The data that has been c

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23

Devonshire, Peter. "ACCOUNT OF PROFITS FOR DISHONEST ASSISTANCE." Cambridge Law Journal 74, no. 2 (2015): 222–33. http://dx.doi.org/10.1017/s0008197315000331.

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AbstractIn Novoship (UK) Ltd. v Nikitin, a unanimous Court of Appeal held that an account of profits can be granted against a third party who dishonestly assists a breach of fiduciary duty. This raises fundamental questions as to the status of gain-based relief in relation to secondary wrongs. An account of profits reflects the imperatives of fiduciary duty and it is questionable whether the remedy should be extended to a stranger to that relationship. This article will analyse the spectrum of secondary liability and suggest an appropriate demarcation of compensation and disgorgement.

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24

문정해. "Fiduciary Duty Waivers of the Limited Liability Company Managers." Dankook Law Riview 39, no. 4 (2015): 319–48. http://dx.doi.org/10.17252/dlr.2015.39.4.011.

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25

Loughlan, Patricia L. "Liability for Assistance in a Breach of Fiduciary Duty." Oxford Journal of Legal Studies 9, no. 2 (1989): 260–70. http://dx.doi.org/10.1093/ojls/9.2.260.

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26

Nikolas F Sagala, Herlina Manullang, and July Esther. "PERTANGGUNGJAWABAN PIDANA PELAKU PENGALIHAN OBJEK JAMINAN FIDUSIA TANPA PERSETUJUAN TERTULIS DARI PENERIMA FIDUSIA (Studi Putusan Nomor: 56/Pid.Sus/2019/PN Mnd)." Jurnal Visi Eksakta 4, no. 2 (2023): 1–11. http://dx.doi.org/10.51622/eksakta.v4i2.664.

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The crime of transferring the object of fiduciary security is a crime in the field of fiduciary security which iscarried out by selling the object of the fiduciary security which has not yet been paid off by the payment creditto a third party without written approval from a company as the recipient of the fiduciary. The problems in thisstudy are how the criminal liability of the perpetrator of the transfer of the object of fiduciary security withoutwritten consent from the fiduciary recipient (Study of Decision No.56/Pid.Sus/2019/PN Mnd) and how thejudge's considerations are based in imposing

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27

MELIKSETYAN, Karen. "The Liability of Corporate Governance Bodies as a Philosophical-Legal Category." WISDOM 26, no. 2 (2023): 223–31. http://dx.doi.org/10.24234/wisdom.v26i2.1007.

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In the light of philosophy of law given scientific research is devoted to the disclosure of the essence and content of corporate liability, the identification of the features of the liability of corporate management bodies and the presentation of proposals for solving emerging problems. The article examines the issues of corporate liability, proposes its definition, and analyzes the features inherent in corporate liability in venture joint-stock companies. The scope of research embraces concepts, such as fiduciary duties (duty of care, duty of loyalty, the requirement for awareness and not all

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28

Jian, Gong. "Theoretical Approach to Directors' Liability to Third Parties and Construction of Applicable Rules of Fault Liability." GBP Proceedings Series 3 (March 13, 2025): 83–90. https://doi.org/10.70088/z5jda040.

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Article 191 of the new Company Law formally elevates the theory of directors' liability to third parties to a legal system recognized and protected by the Company Law. The premise of this article is that the director's liability to third parties is subjectively intentional or grossly negligent, but it does not further clarify the content of the director's subjective intentionality and gross negligence, judgment standards and other elements, which may bring about inconsistency in application. Therefore, this paper will start from the fundamental theory of the director's liability to third party

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29

Muarif, Anwarul. "Applying the Limited Liability Principles: Fiduciary Duties and Accountability of Limited Liability Company Director." Yustisia Tirtayasa : Jurnal Tugas Akhir 4, no. 3 (2024): 1. https://doi.org/10.51825/yta.v4i3.25936.

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30

Saxe, Dianne. "The Fiduciary Duty of Corporate Directors to Protect the Environment for Future Generations." Environmental Values 1, no. 3 (1992): 243–52. http://dx.doi.org/10.1177/096327199200100315.

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The ‘business judgement rule’ requires corporate directors only to act with honesty and reasonable care in the interest of shareholders. A stronger ‘fiduciary’ duty is required where one party requires protection from another. This paper argues that where corporations take risks with the environment, directors are fiduciaries. Stakeholders are in that case the general public, future generations and other species, which have not voluntarily accepted risk and cannot limit liability. Recognition of fiduciary duty in such cases is consistent with recent trends in the law of equity. It would requir

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31

Muhayatsyah, Ali. "KEPUTUSAN BISNIS DAN TANGGUNGJAWAB DIREKSI DALAM PRINSIP FIDUCIARY DUTIES PADA PERSEROAN TERBATAS." AT-TIJARAH: Jurnal Penelitian Keuangan dan Perbankan Syariah 1, no. 2 (2019): 37–56. http://dx.doi.org/10.52490/at-tijarah.v1i2.715.

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The main party charged with fiduciary duty is the board of directors. In UUPT No. 40/2007 it does not specifically regulate fiduciary duty but rather regulates general principles. From the general principle of fiduciary duty, directors in managing the company must pay attention to the interests of the company above other interests; directors must act in accordance with the aims and objectives of the company (intra vires), and pay attention to the limitations and restrictions determined by the law and the articles of association of the company. In carrying out their duties as directors, they ar

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32

Ibrokhimov, Azimjon. "FIDUCIARY DUTIES IN THE MANAGEMENT OF THE CORPORATION AND THEIR APPLICATION IN UZBEKISTAN." Review of Law Sciences 5, no. 4 (2021): 66–73. http://dx.doi.org/10.51788/tsul.rols.2021.5.4./stdq1959.

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At present, comprehensive reforms are being implemented to improve civil law in our country. This can also be seen in the rules of corporate law. In particular, one of the reforms is related to the fiduciary duties of the managers of the legal entity. In corporate law, the fiduciary duties of the governing body of a legal entity are one of central issues. Proper and effective management of a legal entity is largely determined by the extent to which the fiduciary duties of the governing bodies are regulated and adhered to. Failure to comply with fiduciary duties is also the basis for liability

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33

Molodkin, Andrey M. "Bringing a Lawyer-Consultant to Subsidiary Liability." Zakon 20, no. 5 (2023): 114–22. http://dx.doi.org/10.37239/0869-4400-2023-20-5-114-122.

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The article analyses the possibility of making a legal consultant liable in case of bankruptcy. Criteria were proposed for recognising him as a controlling debtor on the basis of a special status - a carrier of professional knowledge, which is the reason for the need to create a standard for the provision of legal assistance and the introduction of increased liability for actions both against the client in violation of the fiduciary relations they developed de facto between themselves, and against third parties.

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Alhafezt, Tito, Triono Eddy, and Alpi Sahari. "Perbuatan Melawan Hukum Terhadap Tindak Pidana Pengambilan Benda Bergerak Sebagai Objek Pembiayaan Leasing." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 1 (2020): 111–19. http://dx.doi.org/10.34007/jehss.v3i1.206.

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The principle of the pacta sun servanda agreement stating that the agreement made by the parties to the agreement, will be the law for both, remains in force and becomes the main hope in the law of the agreement. But the agreement that provides fiduciary guarantees under the hand cannot be executed. The execution process must be carried out by submitting a lawsuit to the Negri Court through normal procedural law so that the court's ruling decreases. This paper aims to analyze or examine the legal arrangements for the taking of movable objects as objects of leasing financing and criminal liabil

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35

Tkachuk, I. O. "TYPES OF DIRECTORS’ FIDUCIARY DUTIES IN COMMON LAW COUNTRIES." Constitutional State, no. 53 (April 15, 2024): 124–30. http://dx.doi.org/10.18524/2411-2054.2024.53.300727.

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The article seeks to explore the types of fiduciary duties assigned to a director of a legal entity in Common Law countries. It focuses on the essence, characteristics, and legal nature of the fiduciary duties and presents existing pieces of scientific research in this field, identifies specific features and provides the list of types of fiduciary duties in the Common Law countries. Ukraine’s integration in the European Union proves the need for significant amendments to Ukrainian laws in order to bring them into harmony with the EU laws. This creates preconditions for full-featured integratio

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36

Hill, Louise. "Fiduciary Duties and Exculpatory Clauses: Clash of the Titans or Cozy Bedfellows." University of Michigan Journal of Law Reform, no. 45.4 (2012): 829. http://dx.doi.org/10.36646/mjlr.45.4.fiduciary.

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Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventu

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37

Chrismetin, Laura, and Gunarto Gunarto. "Legal Liability on Notary Negligence in Electronic Registration of Fiduciary Guarantee." Sultan Agung Notary Law Review 4, no. 2 (2022): 265. http://dx.doi.org/10.30659/sanlar.4.2.265-283.

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This study aims to analyze and be able to find out about legal liability for notary negligence in registering fiduciary guarantees electronically. In the registration of online fiduciary guarantees, there is a big responsibility on the Notary because after completing filling in the data to continue the next access, the Notary is asked to approve in advance the statement that all data contained in the form is correct by marking the statement. The type of data in this legal research uses primary legal materials and secondary legal materials, as well as tertiary legal materials. Based on the resu

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38

Natasya Ferena, Erniyanti Erniyanti, Markus Gunawan, and Soerya Respationo. "Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee." International Journal of Humanities and Social Sciences Reviews 1, no. 3 (2024): 41–52. http://dx.doi.org/10.62951/ijhs.v1i3.50.

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This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the f

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39

Swenson, Elizabeth V. "Legal Liability for a Patient's Suicide." Journal of Psychiatry & Law 14, no. 3-4 (1986): 409–34. http://dx.doi.org/10.1177/0093185386014003-406.

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Lawsuits alleging psychotherapist liability for a patient's suicide have increased in number recently. Although the traditional theory of negligence is still popular, issues involving the standard of care and proof of causation are particularly difficult when one of the parties to the therapeutic relationship is not living. These problems have different implications when failure to prevent suicide is alleged than when a psychotherapist is said to have caused the suicide. In the latter, the presence of informed consent and assumption of the risk must be carefully evaluated as defenses. Alternat

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40

McMillan, Lori A. "Honest Services Update: Directors’ Liability Concerns After Skilling and Black." Texas Wesleyan Law Review 18, no. 2 (2011): 149–81. http://dx.doi.org/10.37419/twlr.v18.i2.1.

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This Article will set out the current law in the honest services area after a quick historical review for context. Then, civil standards and penalties for breach of a corporate officer or director's fiduciary obligations will be outlined to give a more complete picture of what hazards officers and directors face when discharging their duties in a manner less than sufficient.

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Panabergenova, Jamilya. "Fulfilling fiduciary duties in the ai era: emerging risks and responsibilities in ai-assisted corporate financial oversight." Общество и инновации 5, no. 2/S (2024): 222–30. http://dx.doi.org/10.47689/2181-1415-vol5-iss2/s-pp222-230.

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This article examines emerging legal issues and theories of liability for directors involved in the management of AI financial instruments that are protected as trade secrets. The main question of the article is whether excessive delegation of functions or lack of transparency of AI algorithms can undermine the performance of fiduciary duties by directors. By reviewing case law in the context of strict oversight of past technological failures, the article proposes a renewed approach to the use of blockchain tools that will maintain efficiency benefits while ensuring necessary reporting and acc

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Schopp, Robert F., and David B. Wexler. "Shooting Yourself in the Foot with due Care: Psychotherapists and Crystallized Standards of Tort Liability." Journal of Psychiatry & Law 17, no. 2 (1989): 163–203. http://dx.doi.org/10.1177/009318538901700203.

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This paper discusses a conceptual tension that arises from the attempt to regulate the fiduciary therapeutic relationship through the law of negligence. This tension becomes particularly problematic when courts adopt crystallized duties as per se rules or as presumptive standards of care for psychotherapists. Under certain conditions, this tension can undermine the therapeutic process, the fiduciary nature of the therapeutic relationship, and the process by which professional organizations promulgate guidelines for their members. Thus, under certain circumstances, regulation through negligence

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Odoi, Reginald Nii Odoi. "SHIELDING DIRECTING MINDS OF COMPANIES AGAINST LIABILITY:." UCC Law Journal 4, no. 1 (2024): 1–20. http://dx.doi.org/10.47963/ucclj.v4i1.1545.

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Corporate Governance involves how companies are controlled and the role directors play in running the affairs of companies. Directors owe a fiduciary duty to the companies they administer and are required to observe the utmost good faith in their dealings. Where a director breaches the duties imposed by law or exceeds the powers so conferred, the director is to be personally liable for the damages caused actionable through fiduciary-duty litigation. This paper argues that though directors owe a duty of care, the “business judgment rule” or “business judgment presumption” should serve as a basi

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Mills, Douglas G., and Brian Beck. "Recent Judicial Developments of Interest to Oil and Gas Lawyers." Alberta Law Review 36, no. 2 (1998): 486. http://dx.doi.org/10.29173/alr646.

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This article is a compilation of recent Canadian court decisions pertaining to oil and gas law. Case law in the following areas has been surveyed: (1) contracts and torts; (2) lands, leases and titles; (3) royalty agreements; (4) surface rights; (5) offshore drilling; (6) administrative law; (7) environmental law; (8) tax; (9) directors' liability; (10) fiduciary duties; and (11) civil procedure.

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Paterick, Timothy. "Telemedicine: Physicians Would Be Prudent to Mitigate Liability Risk." Healthcare Administration Leadership & Management Journal 1, no. 2 (2023): 78–80. http://dx.doi.org/10.55834/halmj.3514899307.

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The COVID-19 pandemic resulted in the widespread introduction and use of telemedicine in academic and private practices across the United States. Physicians were introduced to telemedicine without an understanding of how their fiduciary duties were to be handled in this new paradigm of a doctor–patient relationship over video-conferencing. The learning curve is steep, and there are many medical, legal, and ethical issues that need to be understood for physicians to meet the new duties of telemedicine and avoid the potential for liability.

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Orlov, Vladimir. "Liability in Russian Corporate Law." ATHENS JOURNAL OF LAW 7, no. 1 (2020): 9–32. http://dx.doi.org/10.30958/ajl.7-1-1.

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Liability issues related to corporate activities are primarily regulated by general and special rules of the Civil Law in Russia that are mainly dispositive. The general liability rules consist of tort and contract liability provisions of the Civil Code. Special corporate norms are, in turn, included in the Civil Code provisions on juristic persons and legislation regulating corporate forms, and they concern liability of founders, shareholders and corporation as well as executives of corporation. The main form of civil liability is compensation for damages, the award for which generally requir

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Ezersky, Peter R. "Intra-Corporate Mail and Wire Fraud: Criminal Liability for Fiduciary Breach." Yale Law Journal 94, no. 6 (1985): 1427. http://dx.doi.org/10.2307/796135.

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Indrawati, Mira, Abdul Manan, and Dhoni Martien. "Tanggung Jawab Direksi Atas Pelanggaran Fiduciaryduty Yang Mengakibatkan Perseroan Pailit." SALAM: Jurnal Sosial dan Budaya Syar-i 8, no. 6 (2022): 2091–110. http://dx.doi.org/10.15408/sjsbs.v9i1.24060.

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The board of directors' responsibilities for breaches of fiduciary duty that resulted in the company's bankruptcy are discussed. The approach method used in this legal research is a normative juridical approach that is backed up by empirical juridical evidence in the form of a detailed description, namely deductive research that begins with an analysis of the articles in the applicable laws and regulations governing the legal consequences for board of directors violations of fiduciary duty. Thus, the company becomes bankrupt, and the board of directors is responsible for violating the fiduciar

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Womack, Dustin. "Solely Beneficial: How Benefit Corporations May Change the Duty of Care Analysis for Traditional Corporate Directors in Delaware." Michigan Business & Entrepreneurial Law Review, no. 8.1 (2018): 151. http://dx.doi.org/10.36639/mbelr.8.1.solely.

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Rather than adding to the voluminous literature assessing the necessity of benefit corporations themselves or the possible liability of their directors, this Note concerns itself only with how benefit corporations will impact the fiduciary duty of care analysis for the directors of traditional corporations constituted in the state of Delaware. Further, this Note is only concerned with liability arising from claims alleging that a day-to-day directorial decision resulted in a breach of the duty of care. As such, this Note does not address any other potential liability predicated on other situat

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Urtiaga, María Gutiérrez. "A contractual approach to the regulation of corporate directors’ fiduciary duties." Corporate Ownership and Control 1, no. 3 (2004): 72–80. http://dx.doi.org/10.22495/cocv1i3p7.

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Traditional American corporation statutes state that the business and affairs of the corporation shall be managed by a board of directors who act as fiduciaries of the corporation. The purpose of this paper is to explain the economic logic underlying the regulation of corporate directors’ fiduciary duties, placing special emphasis on the consequences of the adoption of protective measures for the directors such as indemnification and liability insurance.

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