Fiduciary Loyalty: Protecting the Due Performance of Non-Fiduciary Duties

ISBN-13: 9781841135830 / Angielski / Twarda / 2010 / 332 str.

Matthew Conaglen

Opis

The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection which is designed to enhance the likelihood of due performance of non-fiduciary duties by seeking to avoid influences or temptations that may distract the fiduciary from providing such proper performance. In developing this position, Fiduciary Loyalty takes the novel approach of putting to one side the difficult question of when fiduciary duties arise, in order to focus attention instead on what fiduciary duties do when they are owed. The issue of when fiduciary duties arise can then be returned to, and considered more profitably, once a clear view has emerged of the function that such duties perform. The analysis advanced in the book has both practical and theoretical implications for understanding fiduciary doctrine. For example, it provides a sound conceptual footing for understanding the relationship between fiduciary and non-fiduciary duties, highlighting the practical importance of care