The Boundaries of Fiduciary Accountability
Canadian Bar Review, Vol. 83, p. 35, 2004
56 Pages Posted: 8 Dec 2004
A conceptual fog has descended on the fiduciary jurisprudence of the Commonwealth. Judges and commentators in Canada, Australia and England have misunderstood or misdescribed the conventional boundaries. The confusion impairs the principled assignment of fiduciary responsibility. The solution is to refocus fiduciary analysis on its rightful singular concern with opportunism in limited access arrangements.
Keywords: Fiduciary, opportunism, scope, boundary, trust, limited access
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