The Boundaries of Fiduciary Accountability

Canadian Bar Review, Vol. 83, p. 35, 2004

56 Pages Posted: 8 Dec 2004

Abstract

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

Suggested Citation

Flannigan, Robert, The Boundaries of Fiduciary Accountability. Canadian Bar Review, Vol. 83, p. 35, 2004. Available at SSRN: https://ssrn.com/abstract=628801

Robert Flannigan (Contact Author)

University of Saskatchewan ( email )

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

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