Research handbook on fiduciary law /
"Fiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduci...
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Group Author: | ; |
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Published: |
Edward Elgar,
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Publisher Address: | Cheltenham, UK : |
Publication Dates: | [2018] |
Literature type: | Book |
Language: | English |
Series: |
Research handbooks in corporate law and governance
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Subjects: | |
Summary: |
"Fiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study." -- Publisher's website. |
Carrier Form: | xxi, 448 pages ; 25 cm. |
Bibliography: | Includes bibliographical references and index. |
ISBN: |
9781784714826 1784714828 |
Index Number: | K795 |
CLC: |
D956.122.8-62 D971.222.8-62 |
Call Number: | D971.222.8-62/R432 |
Contents: |
Fiduciary law's mixed messages / Interpreting fiduciary law / Fiduciary relationships, fiduciary law, and trust / Delimiting fiduciary status / The parable of the talents / Fiduciary law's anti-corruption norm / Competing accounts of fiduciary obligation / Motivation, information, negotiation: why fiduciary accountability cannot be negotiable / Dimensions of fiduciary loyalty / Punitive damages against trustees? / Culpable participation in fiduciary breach / Structural bias, R.I.P.? / Relating fiduciary duties to corporate personhood and corporate purpuse / Opting out of fiduciary duties and liabilities in U.S. and U.K. business entities / Directors' duties and legal safe harbours: a comparative analysis / Corporate opportunities in the US and in the UK: how differences in enforcement explain differences in substantive fiduciary duties / The weakening of fiduciary law / Challenges to public fiduciary theory: an assessment / The core of fiduciary political theory / Institutional competence in fiduciary government / |