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

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