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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
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Court Of Chancery Explains How To Be An Unintended Fiduciary
Posted In Fiduciary DutyBennett v. Lally, C.A. 9545-VCN (September 5, 2014) Your duties to another person may change significantly if you become a fiduciary to him. That fiduciary relationship may be formed inadvertently as this decision explains. Thus, giving advice to another, intending to act [as in this case] as a third-party contractor may get you involved in a fiduciary relationship depending on what you agree to do and what control you have over the other person's affairs. This case explains what to avoid if you do not want to assume that fiduciary relationship and all its burdens.