Fraud on a Power, Improper Purpose and Fiduciary Accountability
(2019) 62 Canadian Business Law Journal 133
Posted: 15 Jan 2020
Date Written: December 24, 2019
There is a functional difference between fiduciary accountability and the fraud on a power and improper purpose doctrines. The function of the latter two doctrines is to regulate the exercise of authority. Fiduciary accountability, in contrast, regulates opportunism in limited access arrangements. That said, the regulation of authority extends to personal conflicts and benefits that are not authorised. The three doctrines thus are linked in the sense that they may have concurrent, but distinct, application to actions that potentially compromise undertakings to act in the interest of others.
Keywords: fraud on a power, proper purpose, improper purposer
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