Articles

TABLE OF CONTENTS

I. INTRODUCTION - WHAT IS A FIDUCIARY?

(1) A Person

(2) A Trust

(3) A Capacity

(4) A Duty

(5) A Relationship

(6) A Doctrine

II. SCOPE OF ARTICLE

III. REFERENCES AND MATERIALS

(1) Primary Source

(2) Restatements

(3) Treatises and Statutes

(4) Articles

IV. CREATION OF FORMAL AND INFORMAL FIDUCIARY RELATIONSHIPS

(1) By Statute or Common Law

(2) By Contract

(3) By Facts

V. FORMAL FIDUCIARY RELATIONSHIPS CREATED BY STATUTE

(1) Fiduciary duty of partners to a partnership

(2) Fiduciary duty of tax collectors to the State

(3) Fiduciary duty created in property transactions during a divorce

VI. FORMAL FIDUCIARY RELATIONSHIPS RECOGNIZED BY COMMON LAW

(1) Attorneys

(2) Partners

(3) Associates of law firms

(4) Agents

(5) Spouses

(6) Holders of power of attorney

(7) Corporate officers

(8) Joint ventures

(9) Executors and trustees

(10) Securities brokers

(11) Class representatives

(12) Mineral rights holders

(13) Condominium board members

(14) Employers

VII. FIDUCIARY RELATIONSHIPS CREATED BY CONTRACT

(1) Formal Fiduciary Relationships Created by Contract

(2) Informal Fiduciary Relationships Created by Contract

VIII. INFORMAL FIDUCIARY RELATIONSHIPS CREATED BY THE FACTS

(1) Trust or reliance upon another

(2) Acquisition of a high degree of trust, influence or confidence

(3) Dominance by one and weakness and dependence by the other

IX. "SPECIAL" (FIDUCIARY) RELATIONSHIPS

(1) A duty of good faith and fair dealing

(2) Exists as a matter of law

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