fiduciary

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fiduciary

The Columbia Encyclopedia, Sixth Edition | 2008 | The Columbia Encyclopedia, Sixth Edition. Copyright 2008 Columbia University Press. (Hide copyright information) Copyright

fiduciary , in law, a person who is obliged to discharge faithfully a responsibility of trust toward another. Among the common fiduciary relationships are guardian to ward, parent to child, lawyer to client, corporate director to corporation, trustee to trust , and business partner to business partner. In discharging a trust, the fiduciary must be absolutely open and fair. Certain business methods that would be acceptable between independent parties dealing with one another "at arm's length" may expose a fiduciary to liability for having abused a position of trust. Thus, in an ordinary business transaction the prospective purchaser of land need not inform the seller of an imminent rise in realty values, but one buying land from a partner must disclose such information. In many cases courts will treat an unexplained profit derived from a fiduciary relationship as an instance of constructive fraud .

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fiduciary

The Oxford Pocket Dictionary of Current English | 2009 | © The Oxford Pocket Dictionary of Current English 2009, originally published by Oxford University Press 2009. (Hide copyright information) Copyright

fi·du·ci·ar·y / fəˈdoōshēˌerē; -shərē/ • adj. Law involving trust, esp. with regard to the relationship between a trustee and a beneficiary: the company has a fiduciary duty to shareholders. ∎  archaic held or given in trust: fiduciary estates. ∎  Finance (of a paper currency) depending for its value on securities (as opposed to gold) or the reputation of the issuer. • n. (pl. -ar·ies) a trustee.

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