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Pension funds play a linchpin role in Western, capitalist economies by allowing citizens to save for their future, and are generally viewed as fundamental to the stability and long-term orientation of the production system as a whole. It is essential to ensure that there is clarity as to...
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In light of proposals to protect the atmospheric trust via the imposition of fiduciary duties, this chapter looks at … the state of Australian fiduciary law to assess whether this would be possible …
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It is a well-entrenched principle of corporate law that a director has a fiduciary duty not to make a secret profit out …
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with fiduciary duties. On this matter, the 2005 Freshfields report concluded that pension funds' fiduciary duties (e … controls for sector bias confirm these findings. Hence, we conclude that pension funds' fiduciary duties do not appear to …
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unincorporated. This article examines Hartela Contractors Ltd v Hartecon JV Sdn Bhd in which fiduciary duties were imposed to joint …
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Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated … pursuit of our personal interests. Contract and fiduciary law are fields often represented in oppositional terms. Many believe … that while contract law allows individuals to pursue their interests independently, fiduciary law allows them to pursue …
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This Chapter examines an important feature of the Anglo-American common law of fiduciary obligation — what I have … punished <em>the use of an entrusted position for self-regarding gain</em> where the fiduciary has failed to disclose the gain … to her beneficiary. The norm is animated by a concern that the fiduciary refrain from acting out of an illicit motive …
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