The Core Nature of Fiduciary Accountability

New Zealand Law Review, Vol. 2009, p. 375, 2009

55 Pages Posted: 15 Dec 2009 Last revised: 1 Mar 2010

Robert Flannigan

University of Saskatchewan

Date Written: December 14, 2009

Abstract

Likely reacting to the perception of a confused jurisprudence, several writers recently have sought to clarify (or reconfigure) the core nature of fiduciary accountability. Their claims, including various assertions of prescriptive content, differ in significant respects. That discordance only fuels the perception of confusion. A review of the claims indicates that none of the normative arguments offer a superior conceptual apparatus for framing the conventional function of the regulation, and none justify prescriptive content.

Keywords: fiduciary, duty of loyalty, nature, core, accountability, limited access, opportunism

Suggested Citation

Flannigan, Robert, The Core Nature of Fiduciary Accountability (December 14, 2009). New Zealand Law Review, Vol. 2009, p. 375, 2009. Available at SSRN: https://ssrn.com/abstract=1523382

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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