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The Journal of Law and Economics, 1993
During the last two centuries, courts have been adapting this duty of loyalty and its remedy to other agency relations, under the title "fiduciary" duty.1 That is adaptation, not extension. The many agency relations that fall under the "fiduciary" banner are so diverse that a single rule could not cover all without wreaking havoc.
Easterbrook, Frank H. +1 more
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During the last two centuries, courts have been adapting this duty of loyalty and its remedy to other agency relations, under the title "fiduciary" duty.1 That is adaptation, not extension. The many agency relations that fall under the "fiduciary" banner are so diverse that a single rule could not cover all without wreaking havoc.
Easterbrook, Frank H. +1 more
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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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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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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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Reason, rationality and fiduciary duty
Journal of Business Ethics, 2013This paper argues that since the last decades of the twentieth century the discipline of modern finance has directed fiduciaries to act "rationally"—that is, in the sole financial interest of their funds--downplaying the effects of their investments on others. This approach has deemphasized a previous, more "reasonable" interpretation of fiduciary duty
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Directors' digital fiduciary duties
IEEE Security and Privacy Magazine, 2005We explore the potential legal and technical risks inherent in attempts to implement digital protection. Specifically, we consider how liability might arise for those who have fiduciary responsibility for sensitive information assets, including the emerging trend toward imposing liability where digital protections are severely deficient or digital ...
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2018
This chapter looks at the duty of the trustee to show loyalty to their beneficiaries. The duty of loyalty is owed by most trustees, but a similar duty is also imposed upon others who hold certain positions of trust and confidence, such as agents and company directors. The duty requires the fiduciary to put the interests of the principal above their own,
Robert Pearce, Warren Barr
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This chapter looks at the duty of the trustee to show loyalty to their beneficiaries. The duty of loyalty is owed by most trustees, but a similar duty is also imposed upon others who hold certain positions of trust and confidence, such as agents and company directors. The duty requires the fiduciary to put the interests of the principal above their own,
Robert Pearce, Warren Barr
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2019
This chapter addresses the fiduciary duty of loyalty. Loyalty is a central concept in fiduciary law, even as scholars differ on whether we should reason from fiduciary relationships to loyalty obligations, or the other way around. Nonetheless, the common view across jurisdictions and across theories is that loyalty is vital to fiduciary relationships ...
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This chapter addresses the fiduciary duty of loyalty. Loyalty is a central concept in fiduciary law, even as scholars differ on whether we should reason from fiduciary relationships to loyalty obligations, or the other way around. Nonetheless, the common view across jurisdictions and across theories is that loyalty is vital to fiduciary relationships ...
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SSRN Electronic Journal, 2018
Fiduciary duties of care are at once familiar and strange. They partake of many of the characteristics of duties of care in other domains of private law, particularly tort law. But they also bear the distinctive marks of the fiduciary context. This chapter identifies two ways in which fiduciary duties of care tend to be distinct from tort duties of ...
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Fiduciary duties of care are at once familiar and strange. They partake of many of the characteristics of duties of care in other domains of private law, particularly tort law. But they also bear the distinctive marks of the fiduciary context. This chapter identifies two ways in which fiduciary duties of care tend to be distinct from tort duties of ...
openaire +1 more source