Sentences with phrase «implied fiduciary duty»

Therefore, the Brokerage did not represent the Clients in a fiduciary capacity and so there was no cause of action for breach of an implied fiduciary duty.

The Clients brought a lawsuit against the Brokerage claiming a breach of an implied fiduciary duty.

Because virtually every step in the real estate process involves a contract and many imply fiduciary duties, it's not surprising that these issues top the list.

Not exact matches

The relationship between doctors, patients and society as a whole is termed a «fiduciary» relationship, which implies a particular duty to avoid conflicts of interest.

In Florida, a fiduciary duty can arise by statute, expressly by contract, or it can be implied in law.

There is, Hickinbottom J held, no broad implied duty in the contract of employment requiring an employee who owes no fiduciary duties, and who is not acting in concert with others or otherwise unlawfully, to disclose to his employer that colleagues are being recruited by a competitor.

He did not accept that the decision of Wyn Williams J in Kynixa Limited v Hynes [2008] EWHC 1495 (QB) established that there was a broad implied duty in a contract of employment requiring an employee who owes no fiduciary obligation and who is not acting in concert with others or otherwise unlawfully to disclose to an employer that fellow employees are being recruited by a competitor.

Jim has been lead counsel in a wide variety of complex civil litigation, including cases involving breach of contract, fraud, breach of fiduciary duty, tortious interference, conspiracy, anti-trust, deceptive trade, insurance code violations, partnership disputes, corporate governance / ownership disputes, breach of express and implied warranty / covenants, RICO, sexual harassment, constitutional claims, assault, battery, libel, slander, trespass, nuisance, product defect and negligence.

When the American cases in this area refer to «fiduciary duty» they refer to that implied term.

The causes of action included breach of contract, fraudulent and negligent misrepresentation, breach of fiduciary duty, breach of an implied covenant of good faith and fair dealing, unjust enrichment and breach of constructive trust.

(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.

Large funding implies stewardship, governance, even fiduciary duty.

Without a representation agreement though Dave or proven implied agency, dual agency would not apply to you as the brokerage and the REALTOR you would be working with owes you no agency (fiduciary duty) nor would they have any obligation to protect or further your interests.

The court found that an expired agency contract may be extended by a broker's actions and the principal's acquiescense, and that where implied agency exists, the agent owes all requisite fiduciary duties.

In George v. Bolen, the Court of Appeals of Kansas addressed breach of fiduciary duty in an implied agency situation.

My anticipation of the RECO decision is based on my understanding of REBBA 2002, that I can be deemed to have become an «agent of a client» by way of oral communication or actions that imply my unilateral «offer and acceptance» of the duties of a fiduciary.

Never did get an answer to (this) my question on this thread: In contract law, in any contract, can an agent, expressed or implied, or otherwise having accepted the agency, contract out of fiduciary duty and other requirements?

My question still goes unanswered: Can you, by agreeing to place a property «only on the MLS» thereby contract out of any sort of fiduciary duty, expressed or implied, and all related responsibility?