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Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0018
Subject:
Law, Law of Obligations

Where the defendant has breached an equitable duty which he or she owed to the claimant, a restitutionary relief is available. The defendant can be deterred from exploiting the relationship by ... More


Obstacles to SRI: Investment Regulation

Benjamin J. Richardson

in Socially Responsible Investment Law: Regulating the Unseen Polluters

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195333459
eISBN:
9780199868827
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333459.003.0004
Subject:
Law, Company and Commercial Law

This chapter examines how the legal system has traditionally hindered SRI. It focuses on the governing fiduciary duties, the decision-making procedures within financiers, and the international ... More


Judicial Ambivalence to Public Fiduciary Duties

Evan Fox-Decent

in Sovereignty's Promise: The State as Fiduciary

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.003.0007
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter VI seeks to explain why Canadian courts have recognised so few public fiduciary duties outside of the Crown-Native context, and why the connection has yet to be drawn between public law ... More


Fiduciary Law as Equity’s Child

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0003
Subject:
Law, Philosophy of Law

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the ... More


Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0019
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter begins by explaining the rationale behind the award of gain-based remedies for equitable wrongdoing and the types of remedy available for equitable wrongdoing, which are account of ... More


Fiduciary Duty in Public Law

Martin Loughlin

in Legality and Locality: The Role of Law in Central-Local Government Relations

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198260158
eISBN:
9780191682049
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260158.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the doctrine of fiduciary duty which the local authority owes to its ratepayers. It considers the nature and development of this fiduciary concept and yields valuable insights ... More


The Fiduciary Relationship

Paul B. Miller

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0004
Subject:
Law, Philosophy of Law, Law of Obligations

Fiduciary law is rife with references to fiduciary relationships. Most notably, the attribution of fiduciary duties turns on the existence of a “fiduciary relationship.” But does private law admit of ... More


The Path to Ethical Investment for Sustainability

Benjamin J. Richardson

in Socially Responsible Investment Law: Regulating the Unseen Polluters

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195333459
eISBN:
9780199868827
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333459.003.0008
Subject:
Law, Company and Commercial Law

This chapter outlines possible regulatory reforms to improve the quality and impact of SRI. Given the gravity of the environmental crisis and the central role of the financial sector in that crisis, ... More


Introduction

Andrew S Gold and Paul B Miller

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0001
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter offers an introduction to each of the works contained in this volume. As the chapter notes, the authors’ contributions cover a range of important topics in fiduciary theory, including: ... More


The Market for Financial Advisers

John A. Turner and Dana M. Muir

in The Market for Retirement Financial Advice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199683772
eISBN:
9780191763359
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199683772.003.0002
Subject:
Business and Management, Pensions and Pension Management

This chapter discusses the market for financial advisers. Because many people are not financially sophisticated, the quality of financial advice is a retirement policy concern. Financial advisers ... More


Fiduciary Authority and the Service Conception

Evan Fox-Decent

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0019
Subject:
Law, Philosophy of Law, Law of Obligations

Under Joseph Raz’s service conception of authority, the normal justification thesis asserts that A is an authority for B if B is likely to comply better with reason by treating A’s directives as ... More


Firms and Fiduciaries

D Gordon Smith

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0013
Subject:
Law, Company and Commercial Law

Economists who study the theory of the firm strive to draw a line between firms and markets. This line corresponds to the line lawyers draw between fiduciary and nonfiduciary relationships. The ... More


Sharing Ex Ante and Sharing Ex Post: The Non-Contractual Basis of Fiduciary Relations

Daniel Markovits

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0011
Subject:
Law, Philosophy of Law, Law of Obligations

Contract sharing and fiduciary sharing proceed qualitatively differently; contract and fiduciary relations display distinct structures; and contracting parties and fiduciaries assume distinct ... More


The Idea of Status in Fiduciary Law

Paul B Miller

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0002
Subject:
Law, Company and Commercial Law

Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships—indeed, all relationships that we think of as being inherently ... More


Financial Crisis and the Decline of Fiduciary Law

Joshua Getzler

in Capital Failure: Rebuilding Trust in Financial Services

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198712220
eISBN:
9780191780752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712220.003.0009
Subject:
Economics and Finance, Financial Economics, Economic Systems

Fiduciary duty requires that fiduciary agents serve their client’s ‘best interests’. In practice this resolves into component duties to avoid unauthorised profit, to eschew unauthorised conflict of ... More


The Role of Status in the Law of Obligations: Common Callings, Implied Terms, and Lessons for Fiduciary Duties

James Edelman

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0002
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter addresses the question of the role of a person’s status or office in the law concerning fiduciaries. Put in different terms, what is the relevance of the “fiduciary relationship” to the ... More


Fiduciary Loyalty as Kantian Virtue

Irit Samet

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0006
Subject:
Law, Philosophy of Law, Law of Obligations

The term ‘loyalty’, as it is used in the context of fiduciary duties, has two senses: one, thin ‘juridical’ sense, in which ‘loyalty’ stands for the requirement that fiduciaries act only in the best ... More


Exit, Choice, and Employee Loyalty

Aditi Bagchi

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0012
Subject:
Law, Company and Commercial Law

This chapter argues that we should understand the employee duty of loyalty as a contractual duty, not a fiduciary duty that attaches by virtue of employee status. The chapter considers several risks ... More


Defining Agency and Its Scope (II)

Deborah A DeMott

in Comparative Contract Law: British and American Perspectives

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198728733
eISBN:
9780191795480
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198728733.003.0041
Subject:
Law, Comparative Law, Law of Obligations

This chapter discusses the definition of agency and how the standard definition has been tailored to accommodate the variety of relationships to which the term agency may apply. It examines the US ... More


Is Loyalty a Virtue, and Even If It Is, Does It Really Help Explain Fiduciary Liability?

J E Penner

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0008
Subject:
Law, Philosophy of Law, Law of Obligations

A duty of loyalty is often said to be the defining characteristic of the fiduciary relationship, but an examination of the concept of loyalty shows that it is best conceived as a negative virtue, ... More


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