Plair v. Commonwealth (1999)
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First Union National Bank v. Quality Carriers Inc. (2000)
Similarly, in Empire Properties Inc. v. Equireal Inc., 449 Pa. Super. 476 , 674 A.2d 297 (1996), our Superior Court stated that Pennsylvania’s statute of frauds “is to be used as a shield and not as a sword, as it was designed to prevent frauds, not to encourage them.” 449 Pa. Super. at 486 , 674 A.2d at 302 . (citations omitted) See also, Fishkin v. Hi-Acres Inc., 462 Pa. 309, 316-17 , 341 A.2d 95, 98 (1975) (a sale of corporate assets conducted in violation of the BCL is “…
“an action, though taken in good faith, which runs contrary to the interests of the beneficiary or in the self-interest of the trustee, is a violation of the duty of loyalty and is voidable at the option of the beneficiary”