come to the doctrine from the perspective of an agent’s fiduciary duty will not be surprised by the remedies for breach of … faithless fiduciary, the faithless trustee. Further, while the doctrine has typically been invoked against higher …

particularly harsh. For better or worse, fiduciary law does not support a comparable type of compromise between determinate rules …

an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on … recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading … the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by …

What is the relationship between contract and fiduciary obligations? In this paper I aim to show that they are distinct … these two different concepts. They are distinct but overlapping. This is because fiduciary obligations arise when powers are …

A significant implication arising out of an increasingly influential view that fiduciary duties are terms expressed or … implied into voluntary undertakings is that all express or implied fiduciary duties can be excluded. This article critiques … through an analysis of the circumstances in which directors' fiduciary duties have been contracted out under English law …

The determination of the scope of the fiduciary duty of loyalty, when created by contract, is not a unitary process. It …, since it is a form of the fiduciary doctrine of authorisation, those contractual doctrines are modified according to … fiduciary principles. We argue this follows from the underlying nature of the fiduciary obligation as a way of resolving its …

expanded managerial fiduciary duties in favor of creditors for Delaware-incorporated firms in the vicinity of insolvency. In …