wex definitions

Securities dispute resolution: Experts (证券争议解决:专家)

Securities dispute resolution: Experts (证券争议解决:专家)

Finding an expert(专家定义)

Originally prepared by Lucia Benabentos of the Cornell Law School Securities Law Clinic.

Experts can provide necessary information that supports claims made by either the claimant or the respondent. The decision to hire an expert depends on a number of factors:

在证券争议解决过程中,专家可以提供必要的信息用以支持原告或者被告的主张。在决定是否要聘请专家时,应考虑以下一些问题:

CDA Claims

Claims and the Contract Disputes Act

In Government contracts, a formal claim filed pursuant to the Contract Disputes Act of 1978 is defined as a “written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.”

Duty of Good Faith

Definition

The duty of good faith stands for the principle that directors and officers of a corporation in making all decisions in their capacities as corporate fiduciaries, must act with a conscious regard for their responsibilites as fiduciaries. A violation of the duty of good faith may include an intentional derelict in the usual duties of an director or officer, intentionally acting for a purpose other than the benefit of the corporation, or intentionally violating the law.

Duty of Loyalty

Definition

The duty of loyalty stands for the principle that directors and officers of a corporation in making all decisions in their capacities as corporate fiduciaries, must act without personal economic conflict. The duty of loyalty can be breached either by making a self-interested transaction or taking a corporate opportunity.

See: Self-dealing.

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