When Do Fiduciary Duties Arise?
Law Quarterly Review, Vol. 126, pp. 302-327, 2010
24 Pages Posted: 26 Oct 2010 Last revised: 13 Nov 2010
Date Written: October 1, 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.”
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By Fiona Martin