Separate but Equal Duties

April 2018
Kathryn S. Whitlock
Defense Research Institute - For The Defense, Professional Liability Section

Fiduciaries, by the nature of their relationships with their principals, owe the principal special obligations. Courts and commentators have confused and conflated two quite separate, but equally important, special duties of a fiduciary to his or her principal: the duty of care and the duty of loyalty.

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