Fiduciary Loyalty
Protecting the Due Performance of Non-Fiduciary Duties
$94.39
- Paperback
332 pages
- Release Date
25 August 2011
Summary
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. …
Book Details
| ISBN-13: | 9781849462143 |
|---|---|
| ISBN-10: | 1849462143 |
| Author: | Matthew Conaglen |
| Publisher: | Bloomsbury Publishing PLC |
| Imprint: | Hart Publishing |
| Format: | Paperback |
| Number of Pages: | 332 |
| Release Date: | 25 August 2011 |
| Weight: | 1.02kg |
| Dimensions: | 22mm x 154mm x 232mm |
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Critics Review
This carefully argued monograph takes a novel and conceptually subtle approach to explaining the significance of fiduciary loyalty. It represents a sophisticated attempt to explain how more detailed rules can be synthesized in an approach that focuses on fiduciary law’s underlying normative imperative of loyalty, both in terms of its content and its systemic significance.
This monograph is a superb example of doctrinal private law writing, a fact recognized by the award of the SLS Peter Birks Second Prize for Outstanding Legal Scholarship 2010. IT will be of interest to academics and some practitioners seeking a deeper understanding of the formative forces of fiduciary law, and it would be a strong addition to a reading list for advanced students. For academics with an interest in fiduciary law, whether we agree with Dr Conaglen’s thesis or not … it is a sine qua non to which we must all respond.
…the apparent product of mature reflection and is a clearly and cogently expressed refutation of the writings of Langbein and other such theorists…This is the first work in many years which covers this important and difficult field. It is bound to be established as a first port of call for all branches of the legal profession when grappling with fiduciary law. – Justice W.M.C Gummow * 84 Australian Law Journal 27 *
This in an outstanding book that represents the culmination of ten years of research and reflection. It is a work of exceptional scholarship that provides much insight and clarity into the theoretical and practical operation of fiduciary doctrine and, in particular, the fiduciary obligation of loyalty.
Dr Conaglen provides a comprehensive and coherent analysis of the nature and function of the fiduciary duties… [a] most interesting and illuminating book.
[A] finely balanced examination of the fiduciary doctrine from both a conceptual and a practical perspective. – Anthony Lo Surdo * Australian Banking and Finance Law Bulletin *
Matthew Conaglen
Matthew Conaglen is a Reader in Equity and Trusts at the University of Cambridge and a Fellow of Trinity Hall. He is an Academic Member of the Chancery Bar Association and has practised as a barrister and solicitor in New Zealand. His PhD at Cambridge, on the nature and function of fiduciary duties, was awarded the Yorke Prize and he has published extensively in that area and in others.
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