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UBC Theses and Dissertations
Fiduciaries in a commercial context Wright, David Malcolm
Abstract
At present the law of fiduciary obligations is at a crossroads in Canada. An expansionist approach advocates recourse to this doctrine whenever a remedy is desired. The opposing argument, which perceives the fiduciary obligation in a traditional way, suggests that the fiduciary relationship is only the highest in a series of ever increasing standards of honesty required between parties. A brief examination of these contending positions will lead to the important question of permitting this equitable doctrine to operate within the parameters of a commercial context. The courts have traditionally been reluctant to extend general equitable doctrines into the commercial world. The underlying reasons for this disinclination will be sought. If any of these reasons are found to contain any justifiable concerns, alternatives to the total exclusion of the fiduciary relationship will be sought. The methodology for this thesis is clear; it is the close analytical examination of cases to decide in which direction the law should develop and what have been the points of departure for this area of law. This emphasis upon the past and future of the law of fiduciaries within the commercial context must be complemented with a detailed examination of the present Australian and Canadian legal positions. Particular attention must be paid to any test suggested by the recent caselaw for the determination of the presence of a fiduciary relationship. Finally the various remedies available to the court upon the determination that a fiduciary duty has been breached needs to be examined, as the various remedies which may be ordered can have differing consequences, particularly upon third parties, especially when the fiduciary relationship is within a commercial context.
Item Metadata
Title |
Fiduciaries in a commercial context
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
1991
|
Description |
At present the law of fiduciary obligations is at a
crossroads in Canada. An expansionist approach advocates
recourse to this doctrine whenever a remedy is desired. The
opposing argument, which perceives the fiduciary obligation
in a traditional way, suggests that the fiduciary
relationship is only the highest in a series of ever
increasing standards of honesty required between parties. A
brief examination of these contending positions will lead to
the important question of permitting this equitable doctrine
to operate within the parameters of a commercial context.
The courts have traditionally been reluctant to extend
general equitable doctrines into the commercial world. The
underlying reasons for this disinclination will be sought.
If any of these reasons are found to contain any justifiable
concerns, alternatives to the total exclusion of the
fiduciary relationship will be sought.
The methodology for this thesis is clear; it is the
close analytical examination of cases to decide in which
direction the law should develop and what have been the
points of departure for this area of law. This emphasis
upon the past and future of the law of fiduciaries within
the commercial context must be complemented with a detailed
examination of the present Australian and Canadian legal
positions. Particular attention must be paid to any test
suggested by the recent caselaw for the determination of the
presence of a fiduciary relationship.
Finally the various remedies available to the court
upon the determination that a fiduciary duty has been
breached needs to be examined, as the various remedies which
may be ordered can have differing consequences, particularly
upon third parties, especially when the fiduciary
relationship is within a commercial context.
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Genre | |
Type | |
Language |
eng
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Date Available |
2012-04-17
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0077763
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
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Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.