...duty imposed on him under the rule of the Restatement (Second) of Agency § 381: Duty to Give Information, cited in the dissenting opinion. We do not conceive that § 381 bears any relation to the case...the [employee] has notice, the [employer] would desire to have and which can be communicated without violating a superior duty to a third person." Restatement (Second) of Agency § 381 (1958). Had...contrary to the societal interest in preventing injury due to defectively-manufactured products. See Restatement (Second) of Torts § 402A (1965). Moreover, Geary was dismissed for simply fulfilling his duty to notify his superiors of a potentially dangerous situation. See Restatement (Second) of Agency § 381 (1958...

...which, as the agent has notice, the principal would desire to have and which can be communicated without violating a superior duty to a third person.” Restatement (Second) of Agency § 381 (1958). In the...relevant that the information related to a possible proceeding that Mr. Long would not have been obligated to pursue. Comment a to § 381 Restatement (Second) of Agency is particularly apposite...take immediate legal steps, as by attachment. In this situation, the agent's duty is to communicate the information in order that the principal may choose what he will do.” Restatement (Second) of Agency § 381, Comment...

.... IMPUTING KNOWLEDGE OF AGENT TO PRINCIPAL The duty of an agent to give information to his principal is set forth in RESTATEMENT (SECOND) OF AGENCY § 381 (1958...information and provides that an agent is not to communicate to the principal any information, the disclosure of which would be a breach of duty to a third person. RESTATEMENT (SECOND) OF AGENCY § 381, comment...others prevent him from disclosing facts to the principal, the latter is not bound because of the agent's knowledge." RESTATEMENT (SECOND) OF AGENCY § 281, Reporters Notes at 483 (1958...

...relevant to the affairs that have been entrusted to it. See Restatement (Second) of Agency § 381 (1958). Accordingly, because Conway's account was a non-discretionary one, his authorization for all..., 357 N.E.2d 983, 985-86 (1976); Restatement (Second) of Contracts § 302 (1981). The rule is no different where an introducing broker seeks the benefit of an agreement between its customer and a...-7342. United States Court of Appeals, Second Circuit. Argued October 4, 1993. Decided February 15, 1994...

...of Harmon's competitive intentions. Additionally, we conclude that Ruppert breached no fiduciary duty to White Cap. While section 381 of the Restatement (Second) of Agency provides.... Restatement (Second) of Agency § 381 (1958). See id. § 393 cmt. e.... Supreme Court of Nevada. April 28, 2003. Appeal from a district court order granting summary judgment in favor of respondent Richard...

...agent not to put himself in a position antagonistic to his principal concerning the subject matter of his agency. Restatement (Second) of Agency §§ 381 and 393 (1957...information obtained in confidence, the disclosure of which would be a breach of duty to a third person. Restatement (Second) of Agency § 381, Comment e (1957); see also § 393, Comment c (1957...course, that under elemental principles of agency law, an agent owes his principal a duty of good faith, loyalty and fair dealing. 3 CJS Agency § 271; Restatement (Second) of Agency...

...the CERBCO board of INA's interest in gaining control of East since INA originally wanted to deal with CERBCO. See Restatement (Second) of Agency § 381. Because...required. See Restatement (Second) of Agency § 381. Disclosure to and informed approval by the board may insulate a director from liability where the corporate opportunity doctrine otherwise...the letter of intent. See J. Leo Johnson, Inc. v. Carmer, Del.Supr., 156 A.2d 499, 503 (1959); see also Restatement (Second) of...

...affairs entrusted to her. . . ." Restatement (Second) of Agency § 381 (1958). I find that defendant did not breach her fiduciary duty to her employer. On October 24, 1990, defendant...breach of defendant's duty of loyalty to the company. See Restatement (Second) of Agency §§ 381, 393, 396 (1958...employment concerning the subject matter of her agency. Restatement (Second) of Agency § 393 (1958). The agent may, however, compete after the termination of her agency and may take steps in preparation to...

...., 303 So.2d 401 (Fla. 3d DCA 1974), cert. denied, 314 So.2d 588 (Fla. 1975); Restatement (Second) of Agency § 381 (1958). A material fact is generally defined as one to... JUDITH SILVERMAN, APPELLANT, v. HARVEY PITTERMAN, APPELLEE. No. 89-2550. District Court of Appeal of Florida, Third...her action seeking compensatory and punitive damages for Pitterman's alleged breach of fiduciary duty. We find that issues of fact existed which precluded the order granting summary judgment and we...

...the agency. ( Simpson, at 498; Restatement (Second) of Agency § 381 (1958).) Likewise, all travel agents owe a duty of loyalty to their principals. Restatement (Second) of Agency § 387 (1958...and affidavits adequately alleged the existence of an agency relationship between United and the Lerners. A travel agent is one who, in the interest of promoting the travel plans of a client, deals.... No. 79-753 Appellate Court of Illinois, First District. Third Division Judgment affirmed. Opinion filed August 20, 1980...

...., § 58, comment c [citing full disclosure obligations of a fiduciary to a beneficiary and of an agent to a principal in Restatement (Second) of Trusts § 173, at 378; Restatement (Second) of Agency § 381, at...Ethics, Syllabus CI-926 [1983]; Oregon State Bar Assn, Formal Opn No. 1991-125). The American Law Institute, in its Restatement (Third) of the Law Governing Lawyers essentially...embraced the majority position ( see, Restatement [Third] of Law Governing Lawyers § 58 [Proposed Final Draft No. 1, 1996]). The draft...

.... Kribbs v. Jackson, 387 Pa. 611, 129 A.2d 490 (1957); Restatement (Second) of Agency § 381 (1958); 3 Am.Jur.2d Adverse...Possession Agency § 200 (1962). Whether the deed was void or merely voidable because of the breach of the fiduciary duty of the agent (Edith) to disclose material actions to the principals (Carl and..., 546 P.2d 66 (1976). In any event, there is a second deed under which Edith claims color of title — the 1958 quitclaim deed, which is neither void nor...

...); Walston Co. v. Miller, 100 Ariz. 48, 410 P.2d 658 (1966); Restatement (Second) of Agency § 381 (1957...Ill.Dec. 225, 228, 410 N.E.2d 225, 228 (1980); Restatement (Second) of Agency, § 381 (1957). In this case, because of...liability by an effective release, Restatement (Second) of Agency § 419 (1957), such agent is under the "duty of disclosure and fair...

.... Miller v. Berkoski, 297 N.W.2d 334, 338 (Iowa 1980); Restatement (Second) of Agency § 381 (1958). The relationship is confidential and fiduciary..., communicated his cooperation to Suter. The version of the real estate agency was close to that of the sellers' except for one... crucial aspect. In the present suit a dispute developed over whether the agency passed along to the principals all the vital information received from Wunschel. A part of this dispute involved the...

...). Id. We cited the Restatement (Second) of Agency § 381, which states that "an agent is subject to a duty to use reasonable efforts to give his principal information which is relevant to.... Restatement (Second) of Agency § 381, cmt. a. In its complaint, Capital River alleged that Premium Title knew the operating agreement submitted for the loan... the full membership of Capital River. See Restatement (Second) of Agency § 381. And it is certainly information that Capital River "would desire to have." See id...

...), citing Restatement (Second) of Agency § 381 at 182 (1958) (breach of duty for failure to disclose purchaser's financial condition). Material...year on the unpaid balance. In November of that year, appellants decided to sell their home and move to Sioux Falls. Buck, a licensed real estate agent for Locke Agency, a real estate brokerage, called...as third-party defendants. Appellants' suit against appellees, based on the alleged breach of their agency relationship, required proof of two basic steps: existence of the...

...would desire to have and which can be communicated without violating a superior duty to a third person." (Restatement [Second] of Agency § 381, at 182...violated its duty not to attempt the impossible or impracticable, which Restatement (Second) of Agency § 384, at 189, defines as a duty "not to continue to render service which subjects the principal to risk... CRISTALLINA S.A., Appellant, v. CHRISTIE, MANSON WOODS INTERNATIONAL, INC., et al., Respondents. Appellate Division of the Supreme Court of New...

...Kinzbach Tool Co., Inc. v. Corbett-Wallace Corp., 138 Tex. 565, 160 S.W.2d 509, 513 (1942); Restatement (Second) of Agency § 381 (1958). In....) (citing Restatement (Second) of Agency § 1 (1958)). The implicit agreement between customer and stockbroker is that the latter will use reasonable efforts to execute the order promptly at the best...$14.25). The volume of RPM shares traded that day rose to 109,300. On Wednesday Lehman performed agency transactions for some of its customers (buying 9200 shares at prices ranging from $15.00 to...

...has notice. Restatement (Second) of Agency § 381 (1958). Caravan, however, had a non-discretionary account with Lehman Brothers. Normally the agency relationship created by a non-discretionary account... CARAVAN MOBILE HOME SALES, INC., RETIREMENT TRUST AND CARAVAN MOBILE HOME SALES, INC., PROFIT SHARING TRUST, ON BEHALF OF THEMSELVES AND ALL OTHER SIMILARLY SITUATED.... United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1985. Decided August 20, 1985...

...limitation on Triad's duties to Great Divide. The Hawaii Supreme Court has relied on the Restatement (Second) of Agency § 381 to formulate the general duty of agents toward their.... The Restatement (Third) of Agency § 8.11, issued after Imperial Fin. Corp. was decided, is substantially similar to the Restatement (Second) of Agency § 381, and...[.]" Restatement (Third) of Agency § 5.03 (2006). See also Imperial Fin. Corp. v. Fin. Factors, Ltd., 53 Haw. 203, 205...