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

Robert Flannigan

University of Saskatchewan

Date Written: October 27, 2010

Abstract

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

Suggested Citation

Flannigan, Robert, Access or Expectation: The Test for Fiduciary Accountability (October 27, 2010). Canadian Bar Review, Vol. 89, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1698794

Robert Flannigan (Contact Author)

University of Saskatchewan ( email )

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

Paper statistics

Downloads
506
Rank
43,531
Abstract Views
1,844