San Diego Law Review

Three's a Crowd or a Charm? Third Party Liability for Participating in Breaches of Fiduciary Duty

Author(s)

Alison Gurr

Editor(s)

Faculty editor: Lawrence A. Alexander

Details

Publication Law Review
Volume 53
Issue 3
Start Page 609
Month
Year 2016
Type Article
Subject Area

Abstract

   Part I of this Article will consider the threshold question noted above: Should third parties be held liable for participating in breaches of fiduciary duty? After establishing that there are justifications for this liability, Part II will explore whether there are other existing causes of action that might address similar concerns and therefore render the introduction of TPLFD unnecessary. Part III will consider how TPLFD should be recognized in states that have not yet adopted this cause of action. It will also argue that the courts, and not the legislature, should introduce TPLFD. Finally, Part IV will set out some key issues for the courts and legislators to consider when formulating this cause of action.

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