Fiduciary Doctrine: A Concept in Need of Understanding
AbstractThe author suggests that one of the primary problems plaguing the application of fiduciary doctrine in contemporary jurisprudence is the failure to appreciate its contextual nature and underlying purpose. The contextual analysis and rigid application of standard formulae by the judiciary is harmful to the understanding of fiduciary doctrine, which requires that due attention be paid to the unique requirements of particular relationships. The history of fiduciary jurisprudence reveals that more confusion than knowledge currently exists in this area of the law. What is needed is a return to the fundamental elements of fiduciary doctrine so that its more precise application in accordance with its underlying purpose and situation-specific nature becomes possible.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.