Fiduciary Mechanics

Canadian Labour and Employment Law Journal, Vol. 14, p. 25, 2008

22 Pages Posted: 23 Aug 2008 Last revised: 20 Oct 2014

Date Written: August 22, 2008

Abstract

There is a stubborn confusion as to the scope of fiduciary accountability. That confusion may be relieved in part by examining the fiduciary aspects of the mechanic undertaking. Some might think it fanciful to regard mechanics as subject to fiduciary accountability. That, however, is only the sequelae of the existing confusion. Mechanics are engaged in limited access arrangements, and all such arrangements are regulated by fiduciary accountability. It does not matter that an arrangement may be of modest character, or may not involve subjective trust. Other employment and independent contractor arrangements further illustrate the nature of the opportunism mischief that fiduciary regulation is designed to control. Professors, lawyers, police officers and interior designers have fiduciary obligations to the extent of their limited access. That fuller appreciation of the nature of the fiduciary jurisdiction leads to rejection or reconstruction of a number of propositions that enjoy currency in the courts today.

Suggested Citation

Flannigan, Robert, Fiduciary Mechanics (August 22, 2008). Canadian Labour and Employment Law Journal, Vol. 14, p. 25, 2008, Available at SSRN: https://ssrn.com/abstract=1247852

Robert Flannigan (Contact Author)

University of Saskatchewan ( email )

15 Campus Drive
Saskatoon, Saskatchewan S7N 5A6
Canada
306-966-5876 (Phone)
306-966-5900 (Fax)

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