A relationship in which one person is under a duty to act for the benefit of another on matters within the scope of the relationship. • Fiduciary relationships — such as trustee–beneficiary, guardian–ward, principal–agent, and attorney–client — require an unusually high degree of care. Fiduciary relationships usu. arise in one of four situations: (1) when […]
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fiduciary (fi-d[y]oo-shee-er-ee), n. 1. A person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor (the corporate officer is a fiduciary to the corporation). 2. One who must exercise a
fiduciary debt. A debt founded on or arising from a fiduciary relationship, rather than from a solely contractual relationship.
A nonfiduciary relationship having an element of trust, arising esp. when one person trusts another to exercise a reasonable degree of care and the other knows or ought to know about the reliance. Cf. fiduciary relationship. [Cases: Master and Servant 30(1.15); Torts 12. C.J.S. Employer–Employee Relationship § 60; Torts §§ 54, 59–65.]
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tippee. Securities. A person who acquires material nonpublic information from someone in a fiduciary relationship with the company to which that information pertains. [Cases: Securities Regulation 60.28(5). C.J.S. Securities Regulation § 184.]
commingling (k[schwa]-ming-gling), n. A mixing together; esp., a fiduciary’s mixing of personal funds with those of a beneficiary or client. • Commingling is usu. considered a breach of the fiduciary relationship. Under the Model Rules of Professional Conduct, a lawyer is prohibited from commingling personal funds with those of a client. — Also spelled comingling.
bailment n. (1)寄托 动产所有人，即寄托人〔bailor〕，为特定的目的，如贮存、租赁等，按照合同明示或默示的方式将其动产交于他人，即受托人〔bailee〕保管，待特定目的实现后，受托人将财产交还寄托人或按寄托所规定的方式处置该财产。寄托期间受托人应尽一定的管理寄托财产之责任。寄托不同于买卖或赠与，它只涉及财产占有的改变而未移转所有权。一般而言，寄托不产生信任关系〔fiduciary relationship〕。寄托可以是有偿的，也可以是无偿的。它包括把货物托付无偿保管、财产委托、托管、为短期使用而进行的货物租赁、为提供担保而进行的货物质押以及财产租赁。受托人一般须承担合理注意义务。 (2)保释(→bail)
guardianship. 1. The fiduciary relationship between a guardian and a ward or other incapacitated person, whe-reby the guardian assumes the power to make decisions about the ward’s person or property. • A guardianship is almost always an involuntary procedure imposed by the state on the ward. Cf. CONSERVATOR; INTERDIC-TION(2). 2. The duties and responsibilities of
accounting for fruits. Civil law. A claim for the return of natural or civil fruits against an adverse possessor or other person obligated by law or contract to account for fruits. See FRUIT(2). ACCOUNTING FOR PROFITS accounting for profits. An action for equitable relief against a person in a fiduciary relationship to recover profits taken
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An action for equitable relief against a person in a fiduciary relationship to recover profits taken in a breach of the relationship. — Often shortened to accounting.
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