A Fiduciary Duty of Care for Canada PDF Download
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Author: Robert Flannigan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The Supreme Court of Canada has been remodeling Canadian fiduciary accountability in arresting ways for decades. Until now however the court had, in its general jurisprudence, clearly separated the duty of care from the duty of loyalty. In that respect the court was aligned with the English view, and opposed the American view, which, as prominently illustrated in Delaware corporate law, characterizes both the duty of loyalty and the duty of care as “fiduciary” duties. The opposed English and American views, it must be noted, appear at this point to be firmly embedded in the jurisprudence of each jurisdiction; the former being properly supported by sound principle, and the latter practically supported by the imperative of economic dominance. The Canadian view, or its reformation, likely will have little influence on that divergence, but it will be of some interest to see how the duty of care may be assuming “fiduciary” character without cogent justification.
Author: Robert Flannigan
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The Supreme Court of Canada has been remodeling Canadian fiduciary accountability in arresting ways for decades. Until now however the court had, in its general jurisprudence, clearly separated the duty of care from the duty of loyalty. In that respect the court was aligned with the English view, and opposed the American view, which, as prominently illustrated in Delaware corporate law, characterizes both the duty of loyalty and the duty of care as “fiduciary” duties. The opposed English and American views, it must be noted, appear at this point to be firmly embedded in the jurisprudence of each jurisdiction; the former being properly supported by sound principle, and the latter practically supported by the imperative of economic dominance. The Canadian view, or its reformation, likely will have little influence on that divergence, but it will be of some interest to see how the duty of care may be assuming “fiduciary” character without cogent justification.
Author: Mark Vincent Ellis
Publisher: Thomson Carswell
ISBN: 9780888203175
Category : Law
Languages : en
Pages :
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Book Description
Author: Evan J. Criddle
Publisher: Oxford University Press
ISBN: 0190634111
Category : Law
Languages : en
Pages : 912
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Book Description
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author: Barry J. Reiter
Publisher: CCH Canadian Limited
ISBN: 9781553676935
Category : Business & Economics
Languages : en
Pages : 604
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Book Description
Author: Tamar Frankel
Publisher:
ISBN: 019539156X
Category : Law
Languages : en
Pages : 334
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Book Description
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Author: Michael Ng
Publisher: Canada Law Book
ISBN: 9780888043986
Category : Trusts and trustees
Languages : en
Pages :
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Book Description
Author: Christian D. Rahaim
Publisher: iUniverse
ISBN: 0595344291
Category : Business & Economics
Languages : en
Pages : 381
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Book Description
For any company or person considering or currently serving in the capacity of an ERISA (Employee Retirement Income Security Act) fiduciary, author Christian D. Rahaim's The Fiduciary: An In-depth Guide to Fiduciary Duties--From Studebaker to Enron, is an invaluable resource. The Fiduciary contains essential material--from the evolution of the fiduciary concept to its adaptation in ERISA and its continued evolution in the workplace. The clear and concise chapters build the framework for the reader to develop an understanding of the content, operations, and issues with the fiduciary obligation, such as: - An overview of pension plans - Responsibilities of a fiduciary - Investment management for defined contribution and benefit plans - Plan fees and expenses - Administration and compliance Christian Rahaim relies on more than twelve years of human resource management experience to guide employers through the processes related to employee benefits and fiduciary responsibilities. Citing the classic example of the Studebaker Corporation and the high-profile debacle of Enron, he details major factors that should be considered in fiduciary roles. The Fiduciary is an employers' guide for updated information on the increasingly controversial, legislated, and litigated topic of employee benefit plans.
Author: Stephen A. Radin
Publisher:
ISBN:
Category : Business judgment rule
Languages : en
Pages : 5872
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Book Description
Author: Diana Young
Publisher:
ISBN:
Category : Consent (Law)
Languages : en
Pages : 190
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Book Description
Author: David Kershaw
Publisher: Cambridge University Press
ISBN: 1108651135
Category : Law
Languages : en
Pages : 549
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Book Description
This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
