Access or Expectation: The Test for Fiduciary Accountability
Canadian Bar Review, Vol. 89, No. 1, 2010
38 Pages Posted: 29 Oct 2010 Last revised: 8 Feb 2011
Date Written: October 27, 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.
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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