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Full-Text Articles in Law
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Measure Of Liability For Broker Misrepresentation: Fragale V Faulkner, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that the measure of damages for a broker’s intentional misrepresentation to principal agent is not limited to the buyer’s out-of-pocket losses but may be measured by the benefit-of-the bargain rule.
Trust, Guilt, And Securities Regulation, Peter H. Huang
Trust, Guilt, And Securities Regulation, Peter H. Huang
Publications
This Article analyzes the importance of trust in securities investing and how guilt about breaching such trust has implications for securities regulation. Both U.S. federal securities laws and the regulations of the National Association of Securities Dealers impose high standards of professional conduct upon securities professionals. But exactly what are and should be the legal responsibilities of securities professionals remain the subject of much debate. In particular, courts disagree over when broker-dealers are fiduciaries of their clients. A legal consequence of a fiduciary relationship is a duty of fair dealing. This Article is the first to analyze the emotional, moral, …