D Gordon Smith, ‘Justifying Fiduciary Law’

Paul B Miller, A Theory of Fiduciary Duty, 56 McGill LJ 235 (2011); Paul B Miller, Justifying Fiduciary Duties, 58 McGill LJ 969 (2013); Paul B Miller, Justifying Fiduciary Remedies, 63 U Toronto LJ (forthcoming 2013). Fiduciary law is pervasive. The distinctive duty of loyalty that is the hallmark of fiduciary law arises in myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships in law, medicine, and other fields. Recently legal scholars and courts have extended the logic of fiduciary law to public servants and nation states. Despite its manifest importance, fiduciary law has not achieved the same stature as the other pillars of private law – torts, contracts, property, and unjust enrichment …” (more)

[D Gordon Smith, JOTWELL, 6 November]

First posted 2013-11-06 13:43:52

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