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The contribution of fiduciary law
SSRN Electronic Journal, 2011Frederic Maitland, the renowned historian of English law, called the trust 'the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence'. The trust is certainly a great achievement. Yet is the trust distinctive? Much ink has been spilled on the question. On the one hand, 'trust-like' devices appear in other legal
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Parenthood is a fiduciary relationship
University of Toronto Law Journal, 2017Canadian courts have held that parents stand in a fiduciary relationship with their children. Some commentators take the view that this is an inappropriate and unwarranted extension of a set of concepts that were originally elaborated in the context of the management of property rights and other pecuniary interests.
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The Philosophy of Fiduciary Law
, 2019 This chapter examines the philosophy of fiduciary law. It first considers fiduciary law in relation to contract law, examining the claim that fiduciary law is no more than an application of contract law. The discussion turns to the question of loyalty as
Webb, Charlie
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Trusts & Trustees, 2017
Most observers know that fiduciaries must avoid unauthorised conflicts and benefits. Some however claim that other duties properly are classified as ‘fiduciary’ duties. Here I address the compound duty claim.
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Most observers know that fiduciaries must avoid unauthorised conflicts and benefits. Some however claim that other duties properly are classified as ‘fiduciary’ duties. Here I address the compound duty claim.
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2013
The fiduciary duty is the defining duty of trusteeship and consists of several overlapping obligations intended to promote loyalty or faithfulness. As part of his fiduciary duty, the trustee should avoid conflict with the interests of the trust and not to make an unauthorised unauthorized profit from the trust property, or from his position of trust ...
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The fiduciary duty is the defining duty of trusteeship and consists of several overlapping obligations intended to promote loyalty or faithfulness. As part of his fiduciary duty, the trustee should avoid conflict with the interests of the trust and not to make an unauthorised unauthorized profit from the trust property, or from his position of trust ...
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SSRN Electronic Journal, 2015
Can fiduciaries be made to serve public goals? The movement under the Patient Protection and Affordable Care Act (“ACA”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations providing access to healthcare and the populations they serve.
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Can fiduciaries be made to serve public goals? The movement under the Patient Protection and Affordable Care Act (“ACA”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations providing access to healthcare and the populations they serve.
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2012
This chapter examines the nature of fiduciary duties and how a fiduciary relationship can be identified. It emphasizes that trustees are fiduciaries, and so are subject to fiduciary duties, but also considers other fiduciary relationships. The chapter analyses the nature and function of fiduciary obligations.
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This chapter examines the nature of fiduciary duties and how a fiduciary relationship can be identified. It emphasizes that trustees are fiduciaries, and so are subject to fiduciary duties, but also considers other fiduciary relationships. The chapter analyses the nature and function of fiduciary obligations.
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2021
A fiduciary duty is a commitment to act in the best interests of another person or entity. That is, the fiduciary must act only in the best interests of a principal. The Board of directors and the directors of a corporation owe fiduciary duties to the shareholders.
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A fiduciary duty is a commitment to act in the best interests of another person or entity. That is, the fiduciary must act only in the best interests of a principal. The Board of directors and the directors of a corporation owe fiduciary duties to the shareholders.
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2020
Abstract This chapter analyses the state’s responsibility to provide a venue for civil recourse (ordinarily, by means of a private right of action). Civil recourse theorists have explained the state’s obligation to provide for private rights of action in terms of social contracts.
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Abstract This chapter analyses the state’s responsibility to provide a venue for civil recourse (ordinarily, by means of a private right of action). Civil recourse theorists have explained the state’s obligation to provide for private rights of action in terms of social contracts.
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