fiduciary duties Flashcards

1
Q

what duties do partners owe

A
  1. duty of loyalty
  2. duty of care
  3. duty of disclosure
  4. duty of obedience
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2
Q

duty of loyalty

A
  1. tell partnership about
    1. any benefits partnership derived from partner conducting business,
    2. using partnerships property
    3. appropriating partnership opportunities
  2. refrain from having adverse interests when acting on behalf of pship
  3. refrain from competing with pship in conduct of business
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3
Q

duty of care

A
  1. refrain from gross negligence,
  2. reckless conduct,
  3. intentional misconduct,
  4. knowing violation of law
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4
Q

duty of disclosure

A

duty to provide complete and accurate info concerning partnership

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5
Q

duty of obedience

A

partner hs to obey reasonable directions of partnership

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6
Q

what counts as partnership property

A
  1. purchased in PS name
  2. purchased with PS funds
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7
Q

is a partner a co-owner in the PS property

A

no

an only used the property for PS purposes

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8
Q

what property does the partner have in a PS

A

their interest ie their shares

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