Part I of this Article will consider the threshold question noted above: Should third parties be held liable for participating in breaches of fiduciary duty? After establishing that there are justifications for this liability, Part II will explore whether there are other existing causes of action that might address similar concerns and therefore render the introduction of TPLFD unnecessary. Part III will consider how TPLFD should be recognized in states that have not yet adopted this cause of action. It will also argue that the courts, and not the legislature, should introduce TPLFD. Finally, Part IV will set out some key issues for the courts and legislators to consider when formulating this cause of action.
Three’s a Crowd or a Charm? Third Party Liability for Participating in Breaches of Fiduciary Duty,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol53/iss3/4