Description
Breach of fiduciary duty claims present significant procedural and substantive complexities for both plaintiffs and defendants. This course will explore these procedural and substantive complexities. The primary challenge for plaintiffs often involves establishing the existence of a fiduciary duty in non-traditional relationships, as courts are generally reluctant to make such findings. Conversely, defendants face challenges in using the business judgment rule as a defense, as the strategy often carries a presumption of fraud.
Fiduciary duties arise through legal relationships or implied conduct requiring actions solely for beneficiary interests. This course will discuss these legal relationships or what is required for implied conduct. Breach claims require proving duty, breach, and proximate cause. This course will look at those relationships and the implied conduct.
This course provides an intellectual foundation and introduces a set of learning skills essential for success in the legal profession and for life beyond. The course will provide opportunities for careful reading, for creative and critical thinking, for oral and written communication, and for engaging with others in a shared conversation about stimulating material.