Abstract

http://ssrn.com/abstract=940659
 
 

Footnotes (151)



 


 



The Strict Character of Fiduciary Liability


Robert Flannigan


University of Saskatchewan


New Zealand Law Review, p. 209, 2006

Abstract:     
A number of commentators have challenged the strict character of fiduciary liability. They prefer a contextual assessment of the circumstances of the parties. Their arguments, however, lack substance. They fail to demonstrate any social erosion of the policy foundation for the strict ethic. They also fail to account for the capacity of the parties to contract out of fiduciary liability. Their analyses ultimately have the unintended consequence of confirming the prudence of the conventional position.

Number of Pages in PDF File: 34

Keywords: duty of loyalty, fiduciary, strict liability, opportunism, consent, limited access

Accepted Paper Series





Download This Paper

Date posted: October 28, 2006  

Suggested Citation

Flannigan, Robert, The Strict Character of Fiduciary Liability. New Zealand Law Review, p. 209, 2006. Available at SSRN: http://ssrn.com/abstract=940659

Contact Information

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


Paper statistics
Abstract Views: 3,237
Downloads: 1,234
Download Rank: 8,095
Footnotes:  151

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.438 seconds