Fiduciary Essays

  • Topcat Case Study

    1293 Words  | 6 Pages

    1. Tripper’s Best Claims Against Topcat. Topcat has committed fraud and violated fiduciary duties owed to Tripper because he did not disclose that Topcat had a stake in AND1. Furthermore Topcat defrauded Tripper because he forced Tripper, while he was under duress, to sign an endorsement contract that contained highly unfavorable clauses to Tripper, and Topcat not only failed to inform Tripper that he has a right to have another lawyer review the contract, but also, he insisted that he need

  • Marxist Perspective On A Doll's House By Henrik Ibsen

    1108 Words  | 5 Pages

    Marxist Perspective: Controlling Factors Even in today’s society, money is widely accepted to be the most important factor in one’s decisions. Ranging from everyday decisions such as where to eat, to even political elections, it is widely accepted that money controls all. A world without the concept of money is almost impossible to comprehend due to the importance we have placed on it as a society and as a species. Money and socio-economic power are crucial to understanding the decisions of human

  • Essay On Fiduciary Duty

    1765 Words  | 8 Pages

    Fiduciary duty: A fiduciary duty is a legal obligation to act in the best interest of a client or broader corporate entity. It sets the expectation that directors and officers place the interests of the firm over their personal interests. Business judgment rule: The business judgment rule lays out two requirements for directors and officers: that they uphold the duty of care and the duty of loyalty. In brief, they must conduct reasonable research before making corporate decisions, and must not

  • Analysis Of Ted Chiang's Story Of Your Life

    1616 Words  | 7 Pages

    The short stories of Ted Chiang are written in a way for the overarching structure to give deeper meaning to the stories. The rationale for why Chiang writes in this way is to help vary his writing style and helps to focus the theme into a more limited amount of words. One might view this as just a normal variation in the way of writing that most authors have in their writing style. However, this view overlooks the themes that Chiang presents in his works and when combining those themes with the

  • Delaware Charity Challenge Case Study

    324 Words  | 2 Pages

    There are many nonprofits and charities in Delaware who struggle to raise money. Charles Vincent saw this as an opportunity to create Delaware Charity Challenge to help support these organizations. Vincent sites that fundraising and grants are competitive and difficult to receive. The charities are able to participate in DCC without the headaches and time commitment of a usual fundraiser. Delaware Charity Challenge is designed to assist charities through the public’s participation in indoor

  • The 2008 Companies Act And The King IV Code

    768 Words  | 4 Pages

    Introduction This report aims to provide guidance on a board of directors restructuring for De Buys & Sons in accordance with Section 72 of the 2008 Companies Act and the King IV Code. The report identifies the flaws in the current board structure and suggests one that is more in line with ethical standards. To ensure that the business follows moral and ethical business practices, it also calls for the creation of a social and ethics committee. The recommendations made in this report will promote

  • Yum Brands Swot Analysis

    1431 Words  | 6 Pages

    Yum brands: Taco Bell • Taco Bell is the nation's leading Mexican-inspired quick service restaurant brand. From breakfast to late night, Taco Bell offers a wide range of Mexican menu items, and serves more than 36.8 million consumers each week in approximately 6,500 restaurants worldwide. They serve made-to-order tacos and burritos, among other foods. Taco Bell and its more than 350 franchise organizations proudly serve over 42 million customers each week through nearly 7,000 restaurants across

  • Delaware Protection Trust Analysis

    572 Words  | 3 Pages

    A Delaware Protection Trust (DAPT) is an irrevocable self-settled trust that is for the settlors own benefit. Since the Trust is self-settled, the grantor is still able to maintain some degree of control through appointment, removal, and decision making procedures (Karl & Levin, 2013). A DAPT trust can contain a wide array of assets, depending on the type of restriction in place by the applicable state laws of the grantors residence. A DAPT trust can is method for securing and protecting ones assets

  • Spongebob Is Not Guilty Of Murder

    491 Words  | 2 Pages

    SpongeBob SquarePants is not guilty of murdering Mr. Krab. SpongeBob is innocent for a number of reasons. Some of the reasons Spongebob is innocent are: they found multiple fingerprints on the spatula that was used in the murder of Mr. Krabs. First of all, evidence number 2 states: “there was a spatula found next to the body. It was covered in Mr. Krabs’s blood, but so was everything else around it. The spatula had several sets of fingertips, including SpongBob’s, Squidward’s, and Mr. Krabs’s. It

  • Why Is Confidentiality Important

    811 Words  | 4 Pages

    Confidentiality I will be committed to maintaining the highest degree of confidentiality with all clients. I will make sure to protect all personal information I receive during the course of my services despite my personal opinions. I promise to conduct myself in a professional manner, and not engage in any corruption that involves the release of private client information because gaining the clients trust is important. I understand that if I do breach confidentiality, it could be detrimental to

  • What Is The Accounting Standard AASB112 On Tax-Effect Accounting?

    490 Words  | 2 Pages

    Arguments presented by the directors of Mining Ltd and the justifications The directors of Mining Ltd decided not to comply with the accounting standard AASB112 on tax-effect accounting. By doing this, the annual report of Mining Ltd shows an accounting profit of A$60 million, with nil tax expense. According to AASB112, paragraph 5, accounting profit is defined as profit or loss for a period before deducting tax expense based on the accounting standards whereas, taxable profit is the profit

  • Hunter V. Guardian Life Ins: Case Study

    334 Words  | 2 Pages

    to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to

  • Management Discussion And Analysis Paper

    420 Words  | 2 Pages

    and local funds are: governmental funds, proprietary funds, fiduciary funds, and lastly, government-wide. The fund statements for governmental funds are presented using the current financial resources measurement focus and modified accrual basis of accounting. Governmental funds do not receive services in direct proportions to

  • Tibble V. Edison International Case Summary

    730 Words  | 3 Pages

    Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the Employee Retirement Income Security Act (“ERISA”). In doing so, the Supreme Court reversed the Ninth Circuit’s holding that the statute of limitations for challenges to the continued offering of an investment option begins running only at the time the investment option is selected by an ERISA plan fiduciary (absent a change in circumstances)

  • Jimmy And Johnny Inflated The Value Of Television Inc.

    285 Words  | 2 Pages

    dollars more than it was actually worth. Because Jimmy is the CEO of News Corp. he has a fiduciary duty to the shareholders to ensure they get all the information so they can make an informed decision about the purchase of a company. The fact that he lied and worked with one of his family members to provide false information to the board of directors. Jimmy has a fiduciary duty of loyalty to the shareholders. Fiduciary duty of loyalty says that you can’t divert

  • Sarbanes-Oxley Act Case Study

    598 Words  | 3 Pages

    legally bound, as stated by the Delaware Supreme Court, as fiduciaries are owing duties of care and loyalty, due care, and good faith the stakeholders and the wider society. Recent case law affirms that the duty of loyalty requires boards to act in good faith. The Sarbanes- Oxley Act and the Dodd–Frank Act require that directors protect the interests of the company and its stockholders, and refrain from risky decisions

  • Maher Kara Case Summary

    850 Words  | 4 Pages

    Introduction: The common law system is used in the United States. The roots of common law system originate from the principles of old English law and were incorporated by the Constitution which share its legal norms with other Commonwealth law systems as well. Few among them are bills of attainder and general search warrants. Adopting the principle of stare decisis, the American judges can apply and make laws that can be used to take decisions for reference in future cases. Maher Kara is an investment

  • Crosby Vs. Beam: Case Study

    849 Words  | 4 Pages

    Crosby v. Beam: There is "a heightened fiduciary duty between majority and minority shareholders in a close corporation. Where a controlling majority shareholder in a close corporation breaches their heightened fiduciary duty to minority shareholders by utilizing their majority control of the corporation to their own advantage, without providing minority shareholders with an equal opportunity to benefit, such breach, absent a legitimate business purpose, is actionable. Where such a breach occurs

  • Junior Jones Case

    1249 Words  | 5 Pages

    he should invest one-half of his monies with Senior’s firm. Alex took junior advice and invested his monies to Senior’s fund. By December 2017, Alex lost a big portion of his retirement monies and now wants to sue Junior. Alex should argue the Fiduciary rule to apply to his case because under the rule it states, brokers “have a duty of loyalty, trust, confidence and prudence in investing on behalf of their clients.” The broker is obligated to discuss with the

  • Facepunch Case

    1584 Words  | 7 Pages

    circumstances must exist in a relationship between parties for creation of a fiduciary relationship.” A fiduciary relationship “transcends the ordinary business relationship.” An ordinary business relationship may involve “reliance on a professional” and “a certain degree of trust and a duty of good faith, and yet it not classified as ‘fiduciary.’” Id. The “arm’s length negotiation of a contract does not give rise to a fiduciary relationship.” Glynn allege insufficient facts to establish that his