What is the state of the law on exculpatory provisions in fiduciary law?

California, United States of America


The following excerpt is from Cohen v. Kite Hill Community Assn., 142 Cal.App.3d 642, 191 Cal.Rptr. 209 (Cal. App. 1983):

This public policy applies with added force when the exculpatory provision purports to immunize persons charged with a fiduciary duty from the consequences of betraying their trusts. (See Mitchell v. Dilbeck,

Page 217

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