Discipline
Apr. 22, 2005
You Can Prove Third-Party Liability Without Proving Motive, Actual Fraud
Forum Column - By Allan N. Littman - Unfortunately, breaches of fiduciary duty continue to be pervasive, and they can cause great damage to beneficiaries. Some breaches involve actual fraud. Others involve constructive fraud (defined in Civil Code Section 1573), the taking of secret profits or breaches of a variety of other duties. See, e.g., Civil Code Section 2224 and Probate Code Sections 16000-16015, 16420 and 16442.




By Allan N. Littman
Unfortunately, breaches of fiduciary duty continue to be pervasive, and th...
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