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Fiduciary Loyalty

Protecting the Due Performance of Non-Fiduciary Duties
Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
Fiduciary Loyalty delivers an in-depth analysis of fiduciary duties, emphasising loyalty as central to fiduciary law. The book uniquely sets aside the question of when fiduciary duties arise, focusing instead on their function when owed. This fresh perspective clarifies the relationship between fiduciary and non-fiduciary duties, explores the importance of informed consent, and provides a theoretical foundation distinguishing fiduciary duties from contractual and tort obligations.
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Format: Paperback / softback
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

Ideal for legal academics, advanced law students, and practitioners seeking a deep, theoretical understanding of fiduciary duties and their role within private law.

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Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties.

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

Fiduciary Loyalty is the winner of the second SLS Peter Birks Prize for Outstanding Legal Scholarship 2010.

Fiduciary Loyalty presents a comprehensive analysis of the nature and function of fiduciary duties. The concept of loyalty, which lies at the heart of fiduciary doctrine, is a form of protection 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, the book 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 analysing both forms of duties carefully when considering fiduciary claims. Further, it explains a number of tenets within fiduciary doctrine, such as the proscriptive nature of fiduciary duties and the need to obtain the principal's fully informed consent in order to avoid fiduciary liability.

Understanding the relationship between fiduciary and non-fiduciary duties also provides a solid foundation for addressing issues concerning compensatory remedies for their breach and potential defences such as contributory fault. The distinctive purpose that fiduciary duties serve also provides a firm theoretical basis for maintaining their separation from other forms of civil obligation, such as those that arise under the law of contracts and of torts.

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

This scholarly work has been praised for its careful argument and conceptual subtlety, acknowledged by the awarding of the SLS Peter Birks Prize for Outstanding Legal Scholarship in 2010. Reviewers highlight it as a sophisticated and cogent monograph that enriches understanding of fiduciary loyalty, making it essential reading for academics, advanced students, and some practitioners interested in fiduciary law's normative foundations.

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Book Details

INFORMATION

ISBN: 9781849462143

Publisher: Bloomsbury Publishing PLC

Format: Paperback / softback

Date Published: 25 August 2011

Country: United Kingdom

Imprint: Hart Publishing

Audience: Tertiary education

DIMENSIONS

Spine width: 22.0mm

Width: 154.0mm

Height: 232.0mm

Weight: 1020g

Pages: 332

About the Author

Matthew Conaglen is a University Senior Lecturer in Law at the University of Cambridge and a Fellow of Trinity Hall. He is an Academic Member of the Chancery Bar Association and has practised as a barrister and solicitor in New Zealand. His PhD at Cambridge, on the nature and function of fiduciary duties, was awarded the Yorke Prize and he has published extensively in that area and in others.

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