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Banking and Finance Law

University of San Diego

2016

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Three’S A Crowd Or A Charm? Third Party Liability For Participating In Breaches Of Fiduciary Duty, Alison Gurr Oct 2016

Three’S A Crowd Or A Charm? Third Party Liability For Participating In Breaches Of Fiduciary Duty, Alison Gurr

San Diego Law Review

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 …