MDM Group Associates, Inc. v. Cx Reinsurance Company Ltd. Issue: Did CX breach its fiduciary duty to MDM by declining to renew the ski resorts policies? Rule: 1. As a matter of law, a principal does not owe a fiduciary duty to an agent. 2. An agent has a fiduciary duty towards its principal’s benefit in all matter. 3. A principal can compensate some duties to an agent that are not fiduciary. Application: MDM claims that Cx owed it a fiduciary duty due to handling ski resorts claims improperly causing Cx to breach its duty and causing MDM to lose renewal commission. However, Cx can’t compensate MDM for fiduciary because a principal cannot owe a fiduciary duty to an agent, but it can compensate for some duties
By pursuing this, the manager (agent) also pursues the goals of the shareholders (principals). At least that is the idea behind it.
2. When an agent acts in violation of his or her ethical or legal duty to the principal, should that action terminate the agent’s authority to act on behalf of the principal? Why or why not?
7. There should more separation of duties to help with this issues as well as a better process put in place for deposit reconciliations. There should also be an approved vendor list as to whom Madon does business
ISSUE: Is Gary Fox liable for payment of the fee and was he acting only as an agent for the
of Teamsters v. Willis Corroon Corp., 369 Md. 724, 727 n.1 (2002); Kann v. Kann, 344 Md. 689, 693 (1997) (“[A]llegations of breach of fiduciary duty, in and of themselves, do not give rise to an omnibus or generic cause of action at law that is assertable against all fiduciaries.”). Fiduciary obligations may surely arise by means of contract, the imposition of a duty in tort, or some other sort of relationship, and when they do, “[c]ounsel are required to identify the particular fiduciary relationship involved, identify how it was breached, consider the remedies available, and select those remedies appropriate to the client's problem.” Kann, 344 Md. at
Nash also failed to consider the additional loss of consumer confidence and capital if the sale went through and Fledgling sued DAC for fraudulent misstatement about the condition of the property. Nash also failed to consider his social responsibility to the rest of the environment by not addressing the issue as soon as it was brought to his attention. Similarly the CEO failed to consider his responsibilities to the passengers that were flying on planes that could have lost power due to the malfunctioning product. I would have included these issues in a cost benefit analysis which would support my decision to management.
2. If you elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have?
It was unethical for a corporation like McDonalds to commit and not deliver to its consumers.√
In the second case with Liebeck v. McDonald’s the issue of negligence is presented. Prior to
In 2006, Merrill Lynch became the lead book runner for a $5 billion convertible bond issue for MoGen, Inc. This was the single, largest convertible bond issuance in history and required a considerable amount of effort on the part of Merrill Lynch’s Equity Derivatives Group to convince MoGen’s management to choose Merrill Lynch over its competitors. The case is focused on Merrill Lynch’s choice of the conversion premium and coupon rate to propose to MoGen management. This pricing decision requires students understand the concept of valuing a convertible as the sum of a straight bond plus the conversion option. Valuing the conversion option as a call option requires the
If I elect to stop doing business with Marshall, what legal causes of action might he bring against my company, what damages or remedies might he seek, and what legal defenses might my company have? Before I can make that determination, I must first understand all the legal ramifications of such a case. Exclusive dealings and promissory estoppel are two legal concepts they may work in favor of Marshall. However, the age of
at ICM is to first learn the ropes through the trainee program, i.e. the mailroom. It is
Not knowing what the violation was exactly it is hard to determine whether the agent’s authority should be terminated. Generally, when an agent acts in violation of his or her ethical or legal duty to the principal, that action should terminate the agent’s authority to act on behalf of the principal. The relationship between an agent and principal is based on trust and that develops a fiduciary relationship. With having this relationship, the agent must serve the interests of the principal and has certain duties that they need to fulfill. The agent’s duties include being loyal and obedient, informing the principal, and performing with reasonable diligence and skill. Agent’s also have ethical rules that need to be fallowed. If an agent violates their ethical or legal duty, it is not fair to the principal and they should not be allowed to continue to act on their behalf.
No, the court did not hold Recovery Express liable to CSX on the grounds that Arillotta apparent authority does not exist because Arillotta did not work for Recovery Express nor he was a former agent of Recovery Express. Although, Arillotta used Recovery Express office and e-mail address when he emailed CSX about his interest to buy the rail cars as scrap, his usage of the latter cannot be held as a “principal’s manifestation” that he was given such authority, for the reason that apparent authority depends “on what the principal communicates to the third party -either directly or through the agent … [or] allowing agent to behave on a way … that affect agent’s behavior … [and] agent cannot give themselves apparent authority. [Moreover,] apparent
During the transition, there was an increase of Market conduct exams at. The Market Conduct Market Conduct Manager requested ORM’s partnership to continue to conduct 2nd line of defense audits on behalf of the operational business due to their limited resources. As of today, ORM continues to assist the Compliance Market Conduct team with these audits and provides copies of the audit summaries to the Market Conduct team as each audit is