ABSTRACT
Believing that the law of fiduciary accountability lacks coherent definition, various active writers have sought to provide that definition. Their analyses, however, are misinformed or misconceived. The consequence is that the fiduciary literature continues to be a source of obfuscation, rather than illumination. Here I examine the attempt of one writer to frame the law in what he describes as a ‘relational’ theory. I discuss the diverse misconceptions that impair his work.
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Robert Flannigan, A relational theory of fiduciary accountability, Trusts and Trustees, volume 27, issue 7, September 2021, pages 646–672, https://doi.org/10.1093/tandt/ttab037. Published: 1 October 2021.
First posted 2021-11-20 12:00:41
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