..Hazards-sorting-lay-bare

A fiduciary is someone who acts on some else’s behalf. Power companies are fiduciaries for residents along their rights-of-way because they act on behalf of these residents to protect them from disease caused by powerline EMFs that spread off the right-of-way onto the adjacent property. Consider this analysis on fiduciary responsibility by Justice Cardozzo in a legal proceedings in New York involving the sale of a building.

A broker was hired to sell the building. Through a dummy corporation, the broker himself made an offer of $80,000 and the client accepted. When the corporation resold the property a few weeks later for $87,500, the client suspected hanky-panky and sued. First, Cardozzo pointed to the obvious conflict-of-interest: a broker’s duty is to get the highest price, but a buyer’s goal is the opposite. The broker claimed that he revealed enough information when he told his client that the corporation was also a client. Not good enough, said Cardozzo, and he laid down the rule regarding disclosure that applies to anyone who owed divided fealty. “If dual interests are to be served, the disclosure to be effective must lay bare the truth, without ambiguity or reservation, in all its stark significance.”