Fiduciary Loyalty: Protecting the Due Performance of by Matthew Conaglen

By Matthew Conaglen

Winner of the second one SLS Peter Birks Prize for extraordinary criminal Scholarship 2010.

Fiduciary Loyalty provides a entire research of the character and serve as of fiduciary tasks. the concept that of loyalty, which lies on the middle of fiduciary doctrine, is a kind of safeguard that's designed to augment the possibility of due functionality of non-fiduciary tasks, through trying to steer clear of affects or temptations which can distract the fiduciary from delivering such right functionality.

In constructing this place, the e-book takes the unconventional method of placing to 1 part the tough query of whilst fiduciary tasks come up so as to concentration awareness as a substitute on what fiduciary tasks do after they are owed. the problem of while fiduciary tasks come up can then be lower back to, and regarded extra profitably, as soon as a transparent view has emerged of the functionality that such tasks practice.

The research complicated within the publication has either useful and theoretical implications for knowing fiduciary doctrine. for instance, it offers a valid conceptual footing for figuring out the connection among fiduciary and non-fiduciary tasks, highlighting the sensible significance of analysing either kinds of tasks conscientiously whilst contemplating fiduciary claims. extra, it explains a couple of tenets inside of fiduciary doctrine, similar to the proscriptive nature of fiduciary tasks and the necessity to receive the principal's totally knowledgeable consent with the intention to keep away from fiduciary legal responsibility. realizing the connection among fiduciary and non-fiduciary tasks additionally offers a superb starting place for addressing matters bearing on compensatory treatments for his or her breach and power defences comparable to contributory fault. The special function that fiduciary tasks serve additionally offers an organization theoretical foundation for keeping their separation from other kinds of civil legal responsibility, corresponding to those who come up less than the legislations of contracts and of torts.

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