Fiduciary Obligations
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Fiduciary Obligations
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Author : Paul D. Finn
language : en
Publisher: Law Book Company for New South Wales Bar Association
Release Date : 1977
Fiduciary Obligations written by Paul D. Finn and has been published by Law Book Company for New South Wales Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 1977 with Law categories.
Fiduciary Obligations In Business
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Author : Arthur B. Laby
language : en
Publisher:
Release Date : 2021-09-09
Fiduciary Obligations In Business written by Arthur B. Laby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-09 with Business & Economics categories.
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Fiduciary Duties
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Author : Michael Ng
language : en
Publisher: Canada Law Book
Release Date : 2003
Fiduciary Duties written by Michael Ng and has been published by Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Trusts and trustees categories.
Fiduciary Loyalty
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Author : Matthew Conaglen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-08
Fiduciary Loyalty written by Matthew Conaglen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-08 with Law categories.
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.
Research Handbook On Fiduciary Law
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Author : D. Gordon Smith
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
Research Handbook On Fiduciary Law written by D. Gordon Smith and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.
The Fiduciary
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Author : Christian D. Rahaim
language : en
Publisher: iUniverse
Release Date : 2005
The Fiduciary written by Christian D. Rahaim and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
For any company or person considering or currently serving in the capacity of an ERISA (Employee Retirement Income Security Act) fiduciary, author Christian D. Rahaim's The Fiduciary: An In-depth Guide to Fiduciary Duties--From Studebaker to Enron, is an invaluable resource. The Fiduciary contains essential material--from the evolution of the fiduciary concept to its adaptation in ERISA and its continued evolution in the workplace. The clear and concise chapters build the framework for the reader to develop an understanding of the content, operations, and issues with the fiduciary obligation, such as: - An overview of pension plans - Responsibilities of a fiduciary - Investment management for defined contribution and benefit plans - Plan fees and expenses - Administration and compliance Christian Rahaim relies on more than twelve years of human resource management experience to guide employers through the processes related to employee benefits and fiduciary responsibilities. Citing the classic example of the Studebaker Corporation and the high-profile debacle of Enron, he details major factors that should be considered in fiduciary roles. The Fiduciary is an employers' guide for updated information on the increasingly controversial, legislated, and litigated topic of employee benefit plans.
Contract Status And Fiduciary Law
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Author : Paul B. Miller
language : en
Publisher: Oxford University Press
Release Date : 2016
Contract Status And Fiduciary Law written by Paul B. Miller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.
Philosophical Foundations Of Fiduciary Law
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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2014
Philosophical Foundations Of Fiduciary Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Fiduciary law is one of the most important areas of law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties of loyalty fiduciaries owe to their beneficiaries.
Fiduciary Obligations And Joint Ventures
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Author : Gerard M. D. Bean
language : en
Publisher: Oxford University Press, USA
Release Date : 1995
Fiduciary Obligations And Joint Ventures written by Gerard M. D. Bean and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Conflict of interest categories.
The Joint Operating Agreement (JOA) is a commercial contract extensively used in oil and gas joint ventures, where one co-venturer manages the venture under the supervision of the other co-venturers. The English courts have yet to pronounce whether a joint operating agreement establishes a fiduciary relationship between its co-venturers and whether fiduciary duties are created by it. As UK oil exploration companies move to operate outside the North Sea and enter into more contracts with companies from civil law jurisdictions (with expectations of good faith on the part of their co-contracting parties) and as an increasing number of independent oil companies participate in exploration and development, the standards of conduct of co-venturers becomes increasingly important. This book reviews whether a joint operating agreement, as an example of a joint venture, is a fiduciary relationship, and whether fiduciary duties may apply to resource companies as co-venturers. The book argues that the Operator owes fiduciary duties to the co-venturers and that the co-venturers owe fiduciary duties among themselves. These fiduciary duties impose high standards of conduct on the co-venturers. This book will be essential reading for anyone working in the area of energy and natural resources law as well as equity lawyers and anyone interested in joint ventures.
The Oxford Handbook Of Fiduciary Law
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Author : Evan J. Criddle
language : en
Publisher: Oxford University Press
Release Date : 2019-04-29
The Oxford Handbook Of Fiduciary Law written by Evan J. Criddle and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-29 with Law categories.
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.