Across
- 2. An agent wilful understanding of a dishonest or fraudulent design is considered knowing _______.
- 7. The ______ Scale was introduced to categorise the different levels of knowledge.
- 9. Directors of a company have a _________ duty towards the business.
- 10. The fiduciary obligations one party may hold towards another are not solely based on the existence of a duty, but also the ____________ between the parties.
- 12. A legal obligation to protect sensitive information is known as a duty of ____________.
- 16. Transactions that were in a breach of trust becomes chargeable are knowing _______.
- 18. The _____________ person test will be applied by the Courts in determining whether there has been a breach of confidentiality.
- 19. ______ knowledge is omitting and shutting one's eye to the obvious.
- 21. _____ knowledge is knowledge of circumstances which would indicate and imply the facts to an honest and reasonable person.
- 23. In the case of Regal (Hastings) Ltd v Gulliver [1967], the Court held that directors of Regal Hastings had improperly utilised their position to gain ______.
- 24. Where there is, or could be, a __________ of interest to whom they owe a duty, a fiduciary will not be permitted.
- 25. In Breen v Williams (1996) the High Court held that a doctor’s refusal to allow patient access to medical records did not amount to _____ of any fiduciary obligation.
- 26. ______ knowledge means one has clear understanding of the circumstances.
- 27. A _______ of a duty of confidentiality occurs where there is an actual or apprehended unauthorised use of information.
- 29. In Hospital Products Ltd. v United States Surgical Corporation (1984), Justice Mason stated that fiduciary relationships are sometimes referred to as relationships of ____ and confidence.
- 30. A defence to a breach of confidentiality is ________ interest.
Down
- 1. Account of profits and _________ trust will be available as a remedy when a fiduciary profits from improper use of their position or through a conflict of interest.
- 3. Breach of Trust or fiduciary obligation can be an inadvertent ____.
- 4. In the case of United Dominions Ltd v ____ (1985), the Court held that a fiduciary was owed by UDC to refrain from pursuing/obtaining/retaining any collateral advantage.
- 5. In the case of HPI v USSC (1984), the Court held that based on the terms of the ______ between the two parties, there was no fiduciary relationship.
- 6. Unanimous consent of all parties was established in Boardman v _________.
- 8. In Boardman v Phipps [1967], Lord Upjohn stated that there must be a “real sensible ___________” of a conflict of interest, before a fiduciary should be held accountable.
- 11. _______ knowledge is consciously disregarding and failing to make inquiries as an honest and reasonable person would make.
- 13. The position of a fiduciary is one of strict ________.
- 14. An example of a fiduciary relationship is that of a trustee and ______.
- 15. A defaulting fiduciary who causes loss to a beneficiary must make good the loss via ____________ compensation.
- 17. The only way a fiduciary may escape liability for conduct that amounts to breach of duty is Informed ______.
- 20. An employee owes a __________ duty to an employer, but not necessarily a duty of confidentiality.
- 22. In the case of Gulliver, silence or inactivity amounted to ______ consent.
- 28. In Regal v _____, a director must obtain shareholder consent at a general meeting to escape liability for a breach of duty.