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Article: In search of the nature and function of fiduciary loyalty: Some observations on conaglen's analysis
Title | In search of the nature and function of fiduciary loyalty: Some observations on conaglen's analysis |
---|---|
Authors | |
Issue Date | 2007 |
Publisher | Oxford University Press. The Journal's web site is located at http://ojls.oxfordjournals.org/ |
Citation | Oxford Journal Of Legal Studies, 2007, v. 27 n. 2, p. 327-338 How to Cite? |
Abstract | Fiduciary law is in a state of flux. We know that the core obligation of a fiduciary is an obligation of loyalty, but we are less sure what 'fiduciary loyalty' encompasses. We know a fiduciary has duties not to profit or put himself in positions of conflict, but how these duties interact with other non-fiduciary duties (whether tortious or contractual or otherwise) is more difficult to discern. Against this background, Conaglen has made a recent contribution to our understanding of the fiduciary doctrine. He suggests that fiduciary loyalty offers a subsidiary and prophylactic form of protection for non-fiduciary duties. This article considers his analysis, and argues that it is not supported by case law and creates a number of inexplicable implications for the fiduciary doctrine. In view of these difficulties, Conaglen's analysis should be rejected. © The Author 2007. Published by Oxford University Press. All rights reserved. |
Persistent Identifier | http://hdl.handle.net/10722/155984 |
ISSN | 2023 Impact Factor: 1.4 2023 SCImago Journal Rankings: 0.386 |
References |
DC Field | Value | Language |
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dc.contributor.author | Lee, R | en_US |
dc.date.accessioned | 2012-08-08T08:39:20Z | - |
dc.date.available | 2012-08-08T08:39:20Z | - |
dc.date.issued | 2007 | en_US |
dc.identifier.citation | Oxford Journal Of Legal Studies, 2007, v. 27 n. 2, p. 327-338 | en_US |
dc.identifier.issn | 0143-6503 | en_US |
dc.identifier.uri | http://hdl.handle.net/10722/155984 | - |
dc.description.abstract | Fiduciary law is in a state of flux. We know that the core obligation of a fiduciary is an obligation of loyalty, but we are less sure what 'fiduciary loyalty' encompasses. We know a fiduciary has duties not to profit or put himself in positions of conflict, but how these duties interact with other non-fiduciary duties (whether tortious or contractual or otherwise) is more difficult to discern. Against this background, Conaglen has made a recent contribution to our understanding of the fiduciary doctrine. He suggests that fiduciary loyalty offers a subsidiary and prophylactic form of protection for non-fiduciary duties. This article considers his analysis, and argues that it is not supported by case law and creates a number of inexplicable implications for the fiduciary doctrine. In view of these difficulties, Conaglen's analysis should be rejected. © The Author 2007. Published by Oxford University Press. All rights reserved. | en_US |
dc.language | eng | en_US |
dc.publisher | Oxford University Press. The Journal's web site is located at http://ojls.oxfordjournals.org/ | en_US |
dc.relation.ispartof | Oxford Journal of Legal Studies | en_US |
dc.rights | Oxford Journal of Legal Studies. Copyright © Oxford University Press. | - |
dc.title | In search of the nature and function of fiduciary loyalty: Some observations on conaglen's analysis | en_US |
dc.type | Article | en_US |
dc.identifier.email | Lee, R:rebeccalee@hku.hk | en_US |
dc.identifier.authority | Lee, R=rp01258 | en_US |
dc.description.nature | link_to_subscribed_fulltext | en_US |
dc.identifier.doi | 10.1093/ojls/gqm006 | en_US |
dc.identifier.scopus | eid_2-s2.0-34547128648 | en_US |
dc.identifier.hkuros | 133585 | - |
dc.relation.references | http://www.scopus.com/mlt/select.url?eid=2-s2.0-34547128648&selection=ref&src=s&origin=recordpage | en_US |
dc.identifier.volume | 27 | en_US |
dc.identifier.issue | 2 | en_US |
dc.identifier.spage | 327 | en_US |
dc.identifier.epage | 338 | en_US |
dc.publisher.place | United Kingdom | en_US |
dc.identifier.scopusauthorid | Lee, R=17344046000 | en_US |
dc.identifier.issnl | 0143-6503 | - |