Contract, Confidence and the Fiduciary Relationship.
Australian Law Journal, 87 6: 425-432.
9 Pages Posted: 4 Jun 2015
Date Written: 2013
A party relying on a detailed contract will often seek further to support its case by attempting to impose some fiduciary obligation on the counterparty. The courts for sound practical, and theoretical reasons, resist this attempt. What are the parameters for such an imposition, particularly where the fiduciary obligation is said to arise from the contractual relationship's "particular" facts, rather than some pre-existing fiduciary category? Similarly, when does a duty of confidence arise "from the circumstances" rather than an employer-employee, or other category? What happens if that duty is inadvertently breached? May the recipient, say, of mistakenly disclosed confidential documents, use them? All these controversial topics have been examined in recent high authority, discussed in this article.
JEL Classification: k00
Suggested Citation: Suggested Citation