Publication Type
Journal Article
Version
acceptedVersion
Publication Date
12-2021
Abstract
Tis article reviews the fiduciary duty to avoid actual conflicts. It argues that the duty to avoid actual conflicts adds limited substantive value to fiduciary accountability. Its present form has also contributed to widespread misconception of what should be expected of an unfortunate fiduciary who finds themselves in such a position. In this respect, we propose that many of the modern scenarios involving actual conflicts of duties or conflicts of duties and interests are better analysed not in terms of conflict avoidance but in terms of conflict management. Our analysis paves the way for thoughtfully working out what the fiduciaries’ duties are in cases of actual conflict.
Discipline
Conflict of Laws
Research Areas
Private Law
Publication
Melbourne University Law Review
First Page
323
Last Page
361
ISSN
0025-8938
Publisher
Melbourne University, Law Review Association
Citation
YIP, Man and LOW, Kelvin.
Reconceptualising fiduciary regulation in actual conflicts. (2021). Melbourne University Law Review. 323-361.
Available at: https://ink.library.smu.edu.sg/sol_research/3905
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.