Fiduciary duty essay conclusion

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Duties of Directors

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The duties of the fiduciary | Law essays | kitairu.info Free Essay Examples for Students

This description brings out a distinctive trait of agency that an agent is treated as a fiduciary and hence owes fiduciary obligations to his principal. It is submitted that the fiduciary character of agency has important consequences. Firstly, the imposition of fiduciary duties on an agent regulates his conduct as it imposes a high standard of conduct on him. Secondly, the fiduciary character of agency has repercussions on the range of remedies available to the principal. A successful claim for a breach of fiduciary duty will give rise to equitable remedies such as an account of profits. In certain cases, this may be advantageous for the claimant as the profits may be substantially higher than his loss caused by the breach of fiduciary duty. Company directors, trustees, solicitors and agents are clear examples of positions that attract fiduciary obligations.
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Fiduciary Duties

A Trustee does indeed owe elaborate duties to the beneficiaries of a Trust, they are not limited to those listed above, some duties are common to all fiduciary relationships and some are particular to a Trust relationship, the Courts have found that the extents of the duties will also vary according to the type of fiduciary relationship, and so the extents of those duties will also need to be considered in the context of a Trust Relationship. To consider the question and nature of the duties alluded too, it is first helpful to consider the legal meaning of the key terms in the question posed; i. Trust Law although originating from the Courts of Equity in response to the sometimes harsh result of strict application of the common law, and as a result of tax avoidance schemes of the feudal system Uses , is now governed in Ireland by a variety of legislation. Although, as will be seen below, a precise definition is not possible, a fiduciary relationship has been described, in broad terms, as:. Shepherd concluded that a fiduciary relationship exists whenever any person receives a power of any type on condition that he also receive with it a duty to utilise that power in the best interests of another, and the recipient of the power uses that power.
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We use cookies to improve your experience on this website. To learn more, including how to block cookies, read our privacy policy. Fiduciary duties are imposed upon a person or an organisation who exercises some discretionary power in the interests of another person in circumstances that give rise to a relationship of trust and confidence.
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