THE BOUNDARIES OF FIDUCIARY ACCOUNTABILITY

Authors

  • ROBERT FLANNIGAN

Abstract

A conceptual fog has descended on the fiduciary jurisprudence of the Commonwealth. Judges and commentators in Canada, Australia and England have misunderstood or misdescribed the conventional boundaries. The confusion impairs the principled assignment of fiduciary responsibility. The solution is to refocus fiduciary analysis on its rightful singular concern with opportunism in limited access arrangements.

Keywords:

Equity

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Published

2004-05-01

Issue

Section

Legal Commentary