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Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Hardcover)
Loot Price: R3,360
Discovery Miles 33 600
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Fiduciary Loyalty - Protecting the Due Performance of Non-Fiduciary Duties (Hardcover)
Expected to ship within 12 - 17 working days
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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 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. 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.
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