Sentences with phrase «fiduciary relationship does»
Fiduciary relationship does not yet exist between partners contemplating marriage.
https://www.cfli.com/ Not exact matches
These recommendations are fiduciary advice even when the advisor does not otherwise have a relationship with the participant's 401 (k) plan or pick investments for the IRA.
The issue is fiduciary duty — two words that most investors don't understand, yet that shape the financial products you're sold and your relationship with your financial adviser.
«If they can do that, then [the Department of Health and Human Services] could declare that the doctor - patient relationship is one of a fiduciary duty, right?»
You understand and agree that Muddy Waters Capital does not have any investment advisory relationship with you or does not owe fiduciary duties to you.
CONSTRUCTIVE RECEIPT: Although a taxpayer does not have actual possession of the proceeds, they are legally entitled to the proceeds in some manner such as having the money held by an entity considered their agent or by someone having a fiduciary relationship with them.
You acknowledge and agree that your relationship with Blue Buffalo is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User - Submitted Content does not place Blue Buffalo in a position that is any different from the position held by members of the general public, including with regard to your User - Submitted Content.
Upload, post, email or submit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
ALSs are simplistic, mere charity, and do not provide a solicitor - client relationship with its fiduciary duty.
Your access to and use of the Website, including but not limited to any contact forms, contact information, links, or other features of the Website, does not result in the creation of a solicitor - client relationship, fiduciary relationship, or other professional - client relationship between you and TRL, or any of it's lawyers, partners, employees or consultants.
The determination of whether the agreements are unenforceable does not require a finding of breach of fiduciary duty within each lawyer and client relationship.
Your use of this site also does not create any attorney - client or fiduciary relationship between you and any other user of the site, including the practice area hosts.
Your use of this site does not create any attorney - client or fiduciary relationship between you and Pro Bono Net, Inc. (the administrator and owner of this site) or its employees.
These rules don't prohibit everyone from acting on the basis of what they know: there has to exist a fiduciary duty or other relationship of trust and confidence.
However, if it decides to do so, a fiduciary relationship is created with the expectation that the employer will be able to avoid or resolve the conflicts of interest that might arise.
The plaintiff was not in fact in a power - dependency relationship with the defendant; not all power - dependency relationships are fiduciary in nature, and an ad hoc obligation does not arise in the absence of an undertaking, express or implied, by the fiduciary; and the absence of the power in the defendant to affect the interests of the plaintiff negates the existence of any fiduciary obligation.
ALSs are charity; and as such do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires the lawyer to act in the best interests of the client.
Nor does the Task Force justify its selection on the ground that certain fields of substantive instruction have been given priority on the basis of the public good or general welfare: for example, «legal and fiduciary concepts in commercial relationships» [9] are required, but similar concepts in family, professional or governmental relationships are ignored.
ALSs, (with the commendable but tiny exceptions of pro bono for small and short cases, and perhaps targeted legal services), do not provide a traditional solicitor - client relationship, involving a fiduciary duty that requires a lawyer to act in the best interests of the client, backed - up by a law society complaints department and every lawyer's mandatory professional insurance.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.
The appeals opinion held (correctly) that, no matter how long their close personal relationship had continued, there was no fiduciary duty because she was not his agent and didn't have direct access to his bank accounts, or even to his beach house when he wasn't present with her.
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
m) Post any trade secrets or other confidential or proprietary information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
I even referred out business to the other end of Brampton, rather than take on a fiduciary relationship where I didn't feel qualified to represent those clients.
Real Estate Agents and Brokers do not have a fiduciary relationship with their customers or clients.
A «fiduciary relationship» is a common law concept that creates another layer of protections for your client and another list of prohibitions against what you can and can not do.
The reason being that a «part - time» REALTOR who didn't effectively eliminate any gaps in his / her service requirements to clients would be in breach of their Agency Working Relationship (s)-- in particular the Fiduciary aspect of these relationships.
Court enters judgment for listing broker because he did not have a fiduciary relationship with the seller since there was no written agreement.
While an agency relationship does impose certain obligations upon the parties, courts also look to all aspects of the relationship to determine whether there has been a breach of fiduciary duty.
Dual agency relationships don't carry with them all of the traditional fiduciary duties to the clients; instead, dual agents owe limited fiduciary duties.
Reiser, Inc. v. Roberts Real Estate (292 A.D. 2d 726)-- claims that broker breached listing agreement based on extrinsic evidence can not survive the explicit language of the listing agreement granting to broker «full discretion to determine the appropriate marking approach» for the listed properties; broker establishes its entitlement to commission under the listing agreements by introducing uncontroverted evidence that three properties sold as a result of broker's efforts while the listing agreements where in effect; owner's claims of breach of fiduciary duty fail where owner, builder / developer, did not list all of its properties with broker as broker's duty is limited to protecting its principal's interest only with respect to properties which have been listed with the broker; broker's duty to refrain from taking action adverse to its principal's interests is necessarily tied to the transaction that formed the agency relationship; owner's claim of fraud in the inducement under one of two listing agreements survives motion for summary judgment
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79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
The court concluded that no principal - agent relationship was created between the purchaser and the licensee, and therefore, the licensee did not owe a fiduciary duty to the purchaser.
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of another person or party, or any User Content that you do not have a right to make available under contractual or fiduciary relationships.