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Home / Courts / Tort/Negligence – Breach of Fiduciary Duty – Aiding & Abetting – Corporate Officer & Director (access required)

Tort/Negligence – Breach of Fiduciary Duty – Aiding & Abetting – Corporate Officer & Director (access required)

Tong v. Dunn If North Carolina recognizes the tort of aiding and abetting a breach of fiduciary duty, plaintiffs’ allegations are insufficient to state such a claim. Plaintiffs allege that defendant Wylie – both an officer and a director of defendant Engineous Software, Inc. – assisted the Engineous directors in breaching their duties and, since Wylie’s acts as an officer are imputed to the corporation, the corporate defendants are liable for aiding and abetting. However, such an allegation falls within the intra-corporate immunity doctrine. Wylie’s actions cannot give rise to aider and abettor liability under these circumstances because Wylie stands in a direct fiduciary relationship with Engineous, the alleged victim.

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