Which of the following is NOT a fiduciary duty of partners?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In a partnership, the fiduciary duties of partners are designed to protect the interests of the partnership and its partners. The duty of care requires partners to act with the same care that a reasonably prudent person would use in similar circumstances. The duty to disclose business opportunities ensures that partners must share information that could impact the partnership’s interests. The duty of loyalty obligates partners to act in the best interest of the partnership, placing the partnership’s interests above their own personal interests.

The duty of competition, however, is not considered a fiduciary duty. In fact, while partners can compete with one another in some respects, they owe each other a duty not to engage in self-dealing or to take opportunities away from the partnership to their own personal benefit without disclosing those opportunities. This means partners have the right to compete, but it must be done transparently and without undermining the partnership's business. Therefore, identifying the duty of competition as NOT a fiduciary duty aligns with the legal principles governing partnerships, separating the obligation partners have to one another from their ability to pursue individual business interests.

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