Negligence: breach of duty

2019 ◽  
pp. 55-86
Author(s):  
Sanmeet Kaur Dua ◽  
Chris Turner
Keyword(s):  
Breach Of Duty

scholarly journals Fiduciary Law and the Constructive Trust: Perfecting the Fiduciary Undertaking

2012 ◽  
Vol 49 (3) ◽  
pp. 655 ◽  
Author(s):  
Ciara Toole
Keyword(s):  
Supreme Court ◽  
Fiduciary Duty ◽  
Supreme Court Of Canada ◽  
Best Interest ◽  
The Supreme Court ◽  
Fiduciary Obligations ◽  
Breach Of Duty ◽  
Fiduciary Relationships

Two recent unanimous decisions from the Supreme Court of Canada in Galambos v Perez and Alberta v Elder Advocates of Alberta Society have narrowed and refreshed the requirements for recognizing fiduciary relationships and obligations. All fiduciary obligations must be founded by an undertaking, either express or implied, on the part of the fiduciary to act in the best interest of the beneficiary. At the heart of the fiduciary obligation, the undertaking of a fiduciary may also serve as a foundation for the goals of fiduciary accountability. The developing “Galambos approach” remains incomplete in its application in this regard. In the spirit of Galambos and Elder Advocates, I propose that the undertaking of the fiduciary can provide principled guidance in the availability of gain-based relief for breach of fiduciary duty. Particularly, I suggest that the imposition of a constructive trust as proprietary gain-based relief may be rationalized under the objective of perfecting or enforcing the fiduciary undertaking. To demonstrate my proposal, I investigate three example undertakings and breaches of fiduciary duty in which the fiduciary acquires property through the breach of duty. By grounding this overall discussion towards a conceptual remedial goal of enforcing the fiduciary’s undertaking, Galambos may spark the development of a principled approach to understanding both the making and the breach of fiduciary obligations.

Disqualification Proceedings

2017 ◽  
Author(s):  
Robert Amey
Keyword(s):  
Breach Of Duty ◽  
Directors And Officers ◽  
A Company

Disqualification from being a director or in any way concerned in the management of a company without the leave of the court was brought into effect by the 1929 Act following the recommendations of the Greene Committee. An undischarged bankrupt was disqualified by virtue of his status and the court was given power to disqualify for up to five years promoters, directors, and officers of a company ordered to be wound up who had committed fraud and persons responsible for fraudulent trading. The 1948 Act extended the power to disqualify to officers of the company who had been guilty of any breach of duty.

Duty Not To Accept Benefits From Third Parties

2017 ◽  
Author(s):  
Tamlyn Lloyd ◽  
Haywood Marcus
Keyword(s):  
Conflicts Of Interest ◽  
Common Law ◽  
Third Parties ◽  
The Other ◽  
The Common ◽  
Breach Of Duty

One of the consequences of the common law principle that a director must avoid conflicts of interest was that a director could not have an interest in a transaction with the company unless he had disclosed all material facts about the interest to the members and they had approved or authorized his having the interest. Authorization by the board was not sufficient. If the other party to the transaction had notice of the irregularity, the company might rescind the contract. The director might also be liable for breach of duty and under a duty to account for profits obtained by reason of such dealings.

26. Lenders’ Rights and Remedies

2021 ◽  
pp. 997-1044
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Common Law ◽  
Breach Of Duty ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter concentrates on the rights and powers conferred upon the lender to enforce its security over land. A lender’s rights and remedies arise from the nature of its security, the powers implied by the Law of Property Act 1925, and any express powers. The lender’s right to take possession originated at common law, but is now conferred by s 87(1) of the 1925 Act. The lender’s power of sale and to appoint a receiver are implied by s 101(1)(i) and (iii) of the 1925 Act, respectively and can only be exercised if the borrower has defaulted. The duties that a lender or receiver owes when selling the mortgaged property are explained, as well as the position of a purchaser from a lender or receiver where there has been a breach of duty.

6. Breach of duty:

2015 ◽  
pp. 62-74
Author(s):  
Carol Brennan
Keyword(s):  
Breach Of Duty
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