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
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: 24Accepted Paper Series
Date posted: October 26, 2010 ; Last revised: November 13, 2010
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