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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.

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

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