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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
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Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Paperback)
Loot Price: R1,617
Discovery Miles 16 170
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Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Paperback)
Expected to ship within 10 - 15 working days
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Now available in paperback, 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 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, 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. This analysis
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
analyzing 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 defenses, 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. Fiduciary Loyalty was the
winner of the 2nd SLS Peter Birks Prize for Outstanding Legal
Scholarship 2010.
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