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A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.
Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.
In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.
For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.
In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.
Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.
  • a)
    Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.
  • b)
    Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.
  • c)
    No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.
  • d)
    This would be determined on a case to case basis.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
A fiduciary relationship is where one person places some type of trus...
No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.
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A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. In a partnership business, if one of the partners dies, then the remaining partners have a fiduciary relationship to ensure the interests of the deceased partner towards his representatives. Does this statement hold true with respect to the passage above?

A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. The relationship between the parent and the child is of fiduciary nature as parents act in good faith for the benefit of the child to safeguard and protect the interest of the child. Does this statement hold true with respect to the passage above?

A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. A rents a flat in Bandra, Mumbai. The flat belongs to B, the owner of the flat who gives it on lease to A. In the agreement between them, A is the lessee and B is the lessor. A is thus under obligation to keep the property in his control separate from his own and must not use it in trading for his own benefit. Moreover A has an obligation to maintain the property in good condition so that it does not decay. Can the relation between A and B be defined as a fiduciary relationship?

A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. A is offered a job in company X. B is the employer who appoints A as an employee in the company X, in the HR team. B assigns the role of heading the Resource management to A. Can the relation between A and B be defined as a fiduciary relationship?

Relationships are how we relate to others. We have relationships with everyone we know and those who are close to us. Each and every interaction we have with another person is the act of relating. If we have a problem relating to others, it affects our ability to have supportive relationships. We have to ask ourselves if our relationships are supportive, and if they are not, then ask why they are not,Everyone wants the perfect romance or marriage, but not everyone looks at the mechanics of how to have one. If we fail to have supportive relationships in our life, how can we have the "perfect love" relationships? Through the act of supporting, we honour and validate who the other person is.This is turn, validates who we are. So, both are supported; no one loses; no egos are involved; and, so doing, we honour the relationship.This is what it means to have a supportive relationship. This is the desired goal. Now, how do we accomplish it?Our conduct patterns, 'positive' or 'negative' get set as we grow up. In order to clear a problem, one must identify the original cause which created a behavioral pattern, move through the experience of that situation and experience the emotions associated with it.The healing process is a time when we must love the self. If we beat up the self about the experience which had caused us harm or our past reaction to it, then we cannot heal. In being loving to the self, we validate what we had experienced at that time.Our emotions are always valid. So, it is important for us to do this self-validation in order to heal. Love is the energy which helps us heal-whether we give this love to ourselves or receive it from another.Loving relations start with the self. When we look at having supportive relationship in our life, why not start with the self?Because that is where love comes from. This is what transforms our relationships and our lives. We must love the self first. And we cannot do that until we have healed and become whole. Spiritually we must rise, and our spiritual quotient must be high.For, it is not about what we can receive from love, but what we can contribute or give to love. The more we give, the more are the returns.Q. How can we honour relationships?

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A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer?
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A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer?.
Solutions for A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. Profits obtained by a person in whom confidence is reposed, by using his skill and expertise, can be retained by such persons for their benefit. Determine the truth of this statement in the light of the above passage.a)Yes. Since the profits are obtained due to the skill and expertise of the individual, he need not pass it on to the principal.b)Yes. If the person had not utilised his skill and expertise, the principal would not have made any profit. So he has no obligation to the principal.c)No. Since the confidence was reposed on this principal, it leads to a fiduciary relationship and any profits made need to be passed on to the principal.d)This would be determined on a case to case basis.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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