Except as exempted by Rule 26 a 1 B or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties: B Proceedings Exempt from Initial Disclosure.
What is a Fiduciary? Between an Exclusive Buyer Agent and Buyer-Client, the fiduciary duty is established via written authorization in the form of an Exclusive Buyer Agency Agreement that may or may not include consideration in the form of a retainer.
Therefore, the Seller had representation, but the Buyer did not. No statement or action can result in fraud or misrepresentation.
All laws and regulations pertaining to the transaction must be obeyed, including the disclosure of material facts. Agency Disclosure and Material Facts Disclosure: Material facts about properties must also be disclosed. The agent is required to report to the principal promptly all money and property received and paid out, and upon request, to tender an account of these actions.
This duty also requires the agent to safeguard money or property held on behalf of the principal. That is, do not make decisions for the principal.
Reasonable care and diligence: The agent is prohibited from communicating personal information about the principal that was given to or acquired by the agent within the scope of employment as an agent to the principal. Personal information must be kept confidential unless the client releases the agent, or subagent, from this duty.
However, the material facts and defects of a property are NOT confidential.
The agent is required to disclose affirmatively all information concerning the transaction and property which might affect the decisions a principal makes, informing the principal what the agent knows.To Whom Duty of Disclosure Is Owed [R] 37 CFR (a) states that the “duty of candor and good faith” is owed “in dealing with the Office” and that all associated with the filing and prosecution of a patent application have a “duty to disclose to the Office” material information.
A practice note on the common law principle of caveat emptor (buyer beware), by which the onus is on the buyer to investigate the property it is acquiring and the seller is under a limited duty to disclose latent incumbrances and defects in title.
Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section.
reveal, disclose, divulge, tell, betray mean to make known what has been or should be concealed. reveal may apply to supernatural or inspired revelation of truths beyond the range of ordinary human vision or reason.. divine will as revealed in sacred writings; disclose may imply a discovering but more often an imparting of information previously kept secret.
Article. Confidentiality is one of the core duties of medical practice. It requires health care providers to keep a patient’s personal health information private unless consent to release the information is provided by the patient. In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' caninariojana.comation that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.