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When Do Fiduciary Duties Arise?


James J. Edelman


University of Oxford - Faculty of Law

October 1, 2010

Law Quarterly Review, Vol. 126, pp. 302-327, 2010
Oxford Legal Studies Research Paper No. 65/2010

Abstract:     
This article considers when fiduciary duties arise. I explain that fiduciary duties are simply particular terms which are expressed or implied into voluntary (contractual and non-contractual) undertakings. I consider the development and central role of the undertaking and show that the process of implication of terms is identical to the process involved in determining whether fiduciary duties arise in particular undertakings. I then examine each of the most well recognised fiduciary duties and show how those duties are sometimes described as “fiduciary” and sometimes described as “implied terms.”

Number of Pages in PDF File: 24

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Date posted: October 26, 2010 ; Last revised: November 13, 2010

Suggested Citation

Edelman, James J., When Do Fiduciary Duties Arise? (October 1, 2010). Law Quarterly Review, Vol. 126, pp. 302-327, 2010; Oxford Legal Studies Research Paper No. 65/2010. Available at SSRN: http://ssrn.com/abstract=1697656

Contact Information

James J. Edelman (Contact Author)
University of Oxford - Faculty of Law ( email )
St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom
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