Fiduciary

Case Activities 3 Discharge in Bankruptcy In this case, Joseph Harman, the president of Carter Oaks Crossing was loaned $400,000 by Caroline McAfee. Harman signed a promissory note that specified the company would repay the amount of the loan with interest in installments in which the installments would begin in 1999 and end in 2006. Harman signed a personal guaranty with the promissory note. Carter Oaks Crossing eventually defaulted on the note causing McAfee to sue Harman for payment under…

Introduction About executive director and non-executive director at common law, statute law and fiduciary duty, Peter and Jane should be listed insurance companies. These duties include appropriate for the purpose of integrity, responsibility, in order to meet the company's best interests, and avoid conflict of interest. Discuss the director duties of Peter and Jane. Firstly, the meaning of a director should be a board member of a company who is appointed by the general meeting of the general…

The fiduciary duties are legal notions that construct the foundation of a CEO's lawful connection with their organization's administrator. According to Moriarty "CEOs fiduciaries are for anyone who stands to lose when CEOs accept excessive compensation. This includes shareholders, stakeholders, and certain other parties." Fiduciary duties can also be fractured down into three clear responsibilities including the duty…

directors is liable for damage for certain acts that constitute a violation of its fiduciary duties, such as voting for or assenting to patently unlawful acts of the corporation or for gross negligence or bad faith in directing the affairs of the corporation or acquiring any personal or pecuniary interest in conflict with their duty as such directors. Any act or omission or a director that constitutes a violation of his fiduciary duties can be ground for removal of cause, and cause of action for…

Audit Committee. Robert arranged a meeting with Tony and Doug to look in to Laura’s allegations. They lied and denied all the allegation and Robert believed them without investigation. b. Issue: Did Robert violate fiduciary duty? c. Answer: Yes d. Rationale: Robert violated the fiduciary duty of care which requires directors and officers to use care and diligence when acting on behalf of the corporation, as a member of the board of directors, Robert didn’t make any reasonable investigation of…

Millions of years ago, dinosaurs and cavemen made great carnage to Earth. Many folks today thought they were an incarnation of evil. Most cavemen were carnivorous mostly because they had to hunt more often and had no knowledge about farming and planting. However the dinosaurs were omnivorous’ they feed on anything they saw flowers, plants, bugs, cavemen, anything that looked like food they would eat it. Back then it was hard to find dinosaurs and cavemen that were herbivores simply because it…

On June 13, 2008, Gila Dweck filed a motion to enforce against Albert Nasser, stating that Nasser refused to bind by an agreement to settle the dispute in Kids International Corporation. The plaintiff Gila Dweck owned 30% of Kids International Co., and was acted as the president and chief executive officer for Kids. The defendant Alberto Nasser, on the other hands, “controls 52.5% of Kids’ equity” (Dweck v. Nasser 2008). The dispute between the two parties started in 2005 when the defendant…

Introduction Many children today inspire to become a doctor, yet these same doctors are also responsible for the deaths of many Canadians through medical malpractice and negligent acts (McIver & Wyndham, 2013). In addition, with the recent developments of the Carter v. Canada case, the court now allows physicians to administer lethal doses with approval from the provincial state by suspending the current prohibition on assisted suicide (2015). Luckily before this case though, not just in…

During this investigation, the Alive and Weill Check with Ms. Emma Hernandez took place during an announced visit with her at the La Posada retirement community center at 501 S. La Posada Circle, Green Valley, AZ 85614. The retirement community center is a private well-guarded facility with roaming Security Guards throughout the center which prohibits photos to be taken within the facility, as all visits must be through contacting the front lobby office and checking in before any contact is to…

There’s no known cure for greed. That said, the fall of Enron was inevitable from its inception, for whichever way the head goes, the body follows and with Ken Lay as the head, one could expect nothing less. Can a rotten tree produce good fruit? My initial response to the movie, “The Smartest Guys in the Room”, was to discuss Lay and Skilling. But a more careful consideration of the matter, I had to admit that they really weren’t the problem, even though they were the deed doers. None of…