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date: 28 September 2020

Abstract and Keywords

This chapter provides synthetic analysis of the law on fiduciary relationships, focusing on the identification of fiduciary relationships and fiduciary relationship formation and termination. The chapter analyzes the significance of fiduciary relationships to fiduciary liability. It discusses status- and fact-based methods of identifying fiduciary relationships, as well as analogical and definitional variants on these methods. The chapter concludes by highlighting the increasing convergence on powers-based definitions of the fiduciary relationship, and by explaining the merits of definitional reasoning in judicial identification of fiduciary relationships.

Keywords: legal theory, philosophy of private law, private law theory, fiduciary law, fiduciary relationships, fiduciary duties, duty of loyalty

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