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Access or Expectation: The Test for Fiduciary Accountability

Robert Flannigan

University of Saskatchewan

October 27, 2010

Canadian Bar Review, Vol. 89, No. 1, 2010

The argument persists that fiduciary regulation applies where there is a reasonable expectation that one will act in the interest of another. While the notion of reasonable expectation may have the appearance of substance, it is indeterminate and has the potential to radically reconfigure the conventional discipline. The proper (justified) test for fiduciary accountability is limited access.

Number of Pages in PDF File: 38

Keywords: Fiduciary Duty, Fiduciary Accountability, Duty of Loyalty, Nature, Function, Scope, Limited Access, Opportunism, Profit Rule, Conflict of Interest, Reasonable Expectation, Legitimate Expectation, Justifiable Expectation

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Date posted: October 29, 2010 ; Last revised: February 8, 2011

Suggested Citation

Flannigan, Robert, Access or Expectation: The Test for Fiduciary Accountability (October 27, 2010). Canadian Bar Review, Vol. 89, No. 1, 2010. Available at SSRN: http://ssrn.com/abstract=1698794

Contact Information

Robert Flannigan (Contact Author)
University of Saskatchewan ( email )
15 Campus Drive
Saskatoon, Saskatchewan S7N 5A6
306-966-5876 (Phone)
306-966-5900 (Fax)
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